Lewis v. Harvey

The opinion of the court was delivered by

Marshall, J.:

May Lewis recovered judgment against the defendants in the sum of $5,000 for the death of her husband, Frank Lewis. Each of the defendants appeals.

1. At the close of the plaintiff’s evidence, each defendant filed a demurrer thereto. The demurrers were overruled. Each defendant complains of that ruling. The evidence that had been introduced by the plaintiff was considered when the demurrers were passed on.

The following is a statement of the facts which the evidence of the plaintiff tended to show: Rosedale was a city of the second class. It…