Johnson v. Killion

The opinion of the court was delivered by

Parker, J.:

This, the second appeal from rulings on the pleadings, is an action to recover damages for wrongful death resulting from a collision between a motor fuel transport truck and a train at a railroad crossing. Defendants appeal from an order sustaining a motion to strike certain portions of their separate answers.

A review of the allegations of the amended petition is neither necessary nor required. It suffices to say such allegations, along with a factual statement sufficient to permit a proper understanding of what the case is about, are set…