Mensing v. Sturgeon

The rulings of the trial court were made upon an adjudication of law points arising upon the face of the pleadings. We 'accordingly state the facts as shown by the petition, answer 'and reply. They are not in dispute. The order of the trial court had the effect of barring plaintiff’s cause of action upon the facts as pleaded, and we granted an appeal before final judgment.

On August 5, 1953, a 'Collision occurred on a public highway in Wright County between a tractor owned and operated by the plaintiff and an automobile owned by the defendant Gene Sturgeon and driven at the time by his wife,…