Heffelfinger v. Lane

GARDNER, Justice.

Action under our homicide statute (Section 5696, Code of 1923).

To the count for simple- negligence (count 1) defendant interposed pleas 7, 8 and 10 of contributory negligence, and plaintiff’s demurrers addressed thereto were overruled.

The record discloses the following: “On this the 13th day of November, 1939, came the parties by their attorneys and on account of the adverse ruling of the court upon the demurrers of the plaintiff, the pleas 7, 8 and 10 of the defendant, the plaintiff takes a non-suit with bill of exceptions.”

The appeal is on the record with no bill of…