Briggs v. Burk

The opinion of the court was delivered by

Harvey, C. J.:

In each of these cases the plaintiff sued for damages for the wrongful death of her husband alleged to have resulted from the negligence of the defendant, Clyde Burk. They were filed separately in the district court of Shawnee county and one was assigned to each of the three divisions of that court. Burk’s insurance carrier was made a party-defendant and filed a demurrer to the petition as amended upon the ground that the petition does not state a cause of action against it. In each of the cases the demurrer was overruled and the insurer…