Bryant v. Moss Packing Co.

The writ of error is to review a judgment entered in favor of defendant on demurrer sustained to a declaration.

The declaration attempted to set up a cause of action for damages occasioned by the wrongful death of plaintiff’s husband. The declaration was in two counts. Both counts of the declaration are fatally defective because they fail to allege that the deceased was riding on the truck of the defendant with the knowledge or consent either of the defendant or the defendant’s agent in charge of the truck, the negligent driving and operation of which is alleged to have caused the injury and…