Marietta v. Springer

The opinion of the court was delivered by

Robb, J.:

This is an appeal in a damage action for personal injuries from the trial court’s order of April 22, 1963, sustaining defendant’s demurrer to plaintiff’s evidence, entering judgment for defendant thereon, and from its order overruling plaintiff’s motion for new trial on June 21,1963.

Since there is no question involving the pleadings, we shall proceed directly to the evidence introduced on behalf of plaintiff.

Plaintiff was the only witness in her behalf. Essential parts of her testimony showed that on December 17, 1958, she went to defendant’s…