Graby v. Danner

Plaintiff in an action at law sought recovery for damages against the defendant for the claimed wrongful death of plaintiff’s intestate. It is contended that his death was caused by the negligence of the defendant, a police officer, in the operation of an automobile. The defense was a general denial but it was particularly claimed that the death of the plaintiff’s intestate grew out of conditions that arose during a practice blackout as a necessary war measure. The trial court did not admit evidence bearing upon this practice blackout and did not submit this claimed defense for the…