Schauf v. Peter Kiewit & Sons Co.

The opinion of the court was delivered by

Parker, C. J.:

This is an action for property damages sustained as the result of a collision between two motor trucks. The appeal is from an order sustaining a demurrer to plaintiff’s fourth amended petition.

A summary of the proceedings had in the court below will insure a proper understanding of the decisive question involved.

Plaintiff commenced this lawsuit by filing a petition predicated on the theory of ordinary negligence. A motion to make definite and certain was sustained thereto and, as a result thereof, plaintiff filed an amended petition and…