Kemp v. Town of Lebanon

In this opinion the parties will be referred to as in the Trial Court. That is, Mrs. Joy Bailey Kemp the surviving widow of Julian Albert Kemp, deceased, as plaintiff and Town of Lebanon, a municipal corporation, as defendant.

This is a wrongful death action, by the surviving widow, wherein the Trial Judge has sustained the demurrer of defendant and dismissed the suit. Plaintiff appeals.

The material parts of the declaration necessary to this opinion are as follows:

*120“That on or about August 2, 1961, about 11:15 a. m., the plaintiff’s intestate, who was employed by Harold W. Moore & Son, painting…