Bungardt v. Younger

Opinion by

LOGSDON, C.

Of the numerous assignments of error defendant presents in his brief only the first one, which reads:

“Did the court err in overruling the demurrer of the plaintiff in error to the evidence of the defendant in error?”

Under this assignment two propositions are stated and argued, and authorities are cited and quoted from in support of each. The first proposition reads:

“Under the issues formed it was incumbent upon the defendant in error either to prove that the plaintiff in error failed to exercise and employ that ordinary skill and ability which the law implies that he…