Ragan v. Goddard

(After stating the foregoing facts.) There was some slight conflict in the testimony as to the conduct of the decedent at and just before the time of his injury, but the jury were authorized to find that the material allegations of the petition were supported by the evidence, and, therefore, the real and controlling question in this court is whether the trial court was right in overruling the general demurrer. The main contention of counsel for the defendant is that the petition shows upon its face that the decedent’s death was caused by his own negligence in voluntarily placing himself in a…