Smith v. Grubb

From an examination of the allegations of tbe two complaints, which in this respect are identical, wherein the plaintiffs have stated the facts constituting their causes of action against the defendants Grubb and Creameries, Inc., we think it affirmatively appears that the negligence of these defendants, if any, was insulated by the active negligence of Delma Smith, and that the demurrers ore tenus should have been sustained, and further that on plaintiffs’ evidence, which was substantially in accord with the allegations, judgment of involuntary nonsuit was properly entered.

As Chief Justice…