Sizemore v. Hall

The opinion of the court was delivered by

Hutchison, J.:

This was an action to recover from a father and son damages sustained in a collision on the highway. At the close of the plaintiff’s evidence both defendants filed demurrers thereto, and the court sustained that of the father and overruled that of the son. Later the cause was dismissed without prejudice as to the son, and notice of appeal was served as to sustaining the demurrer of the father.

Questions as to the injury of the plaintiff and the negligence of the son are not involved in this appeal; they are considered as having been…