Frisvold v. Leahy

WARD, J., pro tem.

This is an appeal upon the judgment roll from a final judgment rendered after order sustaining a general and special demurrer interposed to the complaint by defendant Leahy. Plaintiff declined leave to amend. The action is one to recover damages for personal injuries alleged to have been inflicted upon the plaintiff, through collision with a concrete pier, while riding on a public highway in an automobile driven by defendant.

The averring portions of the two counts pertinent to the questions involved herein are as follows: “That heretofore, to-wit: on the 16th day of April,…