Briggs v. Burk

The opinion of the court was delivered by

Parker, J.:

This was an action to recover damages for wrongful death. The plaintiff appeals from the trial court’s action in sustaining a demurrer to her evidence, in rendering judgment against her for costs, and overruling her motion for a new trial.

No important issue is raised respecting the pleadings. Therefore all that need be said respecting them for the moment is that the second amended petition, hereinafter referred to as the petition, charges the proximate cause of the accident and the death of plain tiff’s husband, Joseph Edward Briggs, were…