Krepcik v. Interstate Transit Lines

A motion by appellee to affirm the judgment of the trial court has been submitted. It presents a novel and *665important question of procedure that should be determined before further proceedings are had in this case.

This is an action for damages for the alleged wrongful death of appellant’s decedent and damages for the destruction of a truck owned and operated by the deceased, occasioned by a collision with it of a bus of the appellee.

The defense was a denial by appellee of negligence on its part and a charge of contributory negligence on the part of the deceased. Appellee at the close of all of…