Webb v. . Eggleston

Civil action to recover damages for wrongful death.

On 25 July 1945 an oil truck belonging to defendant Eggleston and being operated by defendant Williams, collided with the rear end of a truck belonging to and being operated by plaintiff's intestate. As a result, plaintiff's intestate was killed.

On 9 July 1946 plaintiff instituted this action. Summons and complaint were duly served on defendants 10 July 1946.

At the February Term, 1947, defendants demurred to the complaint for that it fails to state a cause of action. The demurrer was sustained and plaintiff was allowed time "in which to plead…