Elliott v. Peters

The opinion of the court was delivered by

Burch, J.

This appeal is from a ruling of the district court sustaining a demurrer to a second cause of action set forth in a petition in which cause the plaintiff alleged gross negligence, reckless conduct and wantonness on the part of the defendant. The action was brought to recover damages resulting from .an automobile collision occurring on a public highway.

The appeal involves the construction which should be given to the plaintiff’s amended petition after the plaintiff had successfully *632resisted the defendant’s motion to make the petition more…