Hill v. Hill

The opinion of the court was delivered by

Arn, J.:

Plaintiff brought this action to recover for personal injuries and property damage arising out of a rear-end collision between two trucks, one driven by plaintiff and the other by defendant. Defendant’s demurrer to plaintiff’s petition was overruled and defendant appeals, contending that the petition does not state facts sufficient to constitute a cause of action in favor of plaintiff and against defendant in that it reveals upon its face that plaintiff was guilty of contributory negligence.

The petition alleges that plaintiff and defendant áre…