Snapp v. Polk Canning Co.

Writ of error is from a judgment entered on sustaining demurrer to an amended declaration. The grounds of demurrer were, two, as follows:

“First, said declaration states no cause of action against the defendant.

“Second: It affirmatively appears from the allegations of the declaration that the plaintiff was negligent and that said negligence by the plaintiff contributed to the proximate cause of the collision described in the declaration.”

The order sustaining the demurrer indicates that the demurrer to each and every count of the' declaration was sustained on ground two. It will not be…