Duensing v. Leaman

The opinion of the court was delivered by

Thiele, J.:

A demurrer was sustained to plaintiff’s amended petition, and she appeals. The order of the trial court did not specify the particular reason for its ruling, and we therefore discuss three propositions presented in the briefs. The first is that the amended petition stated another and different cause of action than did the original petition, and, being filed after the statute of limitations had *43run, the new cause of action was barred. The second is that the defendant was not guilty of negligence, and the third is that the plaintiff was guilty…