Leaman v. Campbell 66 Express Truck Lines, Inc.

Action by a husband under the penalty section (Sec. 3652 R.S. 1939) of the death statute for $10,000 damages for death of his wife alleged to have been caused by the negligence of defendant. Verdict and judgment went for defendant and plaintiff appealed.

Defendant (respondent) has filed motion to dismiss the appeal; submitted the cause on the motion, and did not brief on the merits. This is a second motion to dismiss the appeal, as will appear infra. We will first rule the motion. The grounds alleged in the motion are: (1) That this court does not have jurisdiction of the appeal; (2) that this…