Mandevers v. Peerless Stove & Mfg Co.

OPINION

By THE COURT

The above-entitled cause is now being determined on defendant-appellee’s motion to dismiss plaintiff’s appeal on the ground that said appeal was not perfected within the time prescribed by law.

Plaintiff’s action was one for personal injuries claimed to have been sustained on May 29, 1935, while riding, with the permission and consent of the defendant, on the driver’s seat of a truck belonging to the defendant and being operated by an employee. The claimed act of negligence as set forth in the petition, is quoted in full.

“Plaintiff says that when they had reached a point on…