Kniffen v. Hercules Powder Co.

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover damages to property and for injuries to a person resulting from a collision between an automobile and a railroad engine operated by the Hercules Powder Company.

*198The defendants are Hercules Powder Company and Louis Mize, its engineer of a Diesel engine. The defendants and the plaintiff have both appealed. The first appeal by the defendants is from (1) an order overruling their joint general demurrer to plaintiff’s evidence; (2) the order overruling their motion for judgment on the pleadings and opening statement;…