Barker v. Zeckser

The opinion of the court was delivered by

Parker, J.:

This was an action, commenced within one year from the date of the accident, to recover damages for personal injuries and property damage sustained by the plaintiff in a collision between two motor vehicles on a public highway. The appeal is from an order sustaining plaintiff's motion to strike portions of the defendants’ answer.

The amended petition is not in controversy and need only be detailed for the purpose of defining the issues. To that end it may be said it charges the proximate cause of all damages sustained and claimed by plaintiff…