Hendrix v. Board of County Commissioners

The opinion of the court was delivered by

Burch, J.:

The action in the district court was commenced by Ruth Hendrix to recover damages for personal injuries occasioned by a defect in a county bridge. The plaintiff died and, pursuant to stipulation, the action was revived in the name of her mother, Margaret Hendrix, as next of kin. By leave of court Margaret Hendrix filed an amended petition, which disclosed that Ruth died of the injuries she received in the bridge accident. Defendant moved -to strike the amended petition from the files because it departed in law and in fact from the original…