Strauss v. Missouri Pacific Rld. Co.

The opinion of the court was delivered by

Wedell, J.:

Felix Strauss instituted this action against Guy A. Thompson, Trustee of the Missouri Pacific Railroad Company, Debtor, to recover damages for the wrongful death of his son, Andrew Felix Strauss, and for damages to personal property.

The district court overruled defendant’s general demurrer to the second amended petition. From that ruling defendant has not appealed and the question whether the second amended petition-states a cause of action is not presently before us. The district court, however, struck certain portions of that petition…