McCornack v. Pickrell

The appeal now before this court is the third one in connection with this ease. In the prior instances we passed upon two issues -raised in the respective appeals. After our second opinion was filed defendant presented in the district court an amendment to a prior motion to dismiss and for judgment. This motion was sustained and plaintiff has appealed.

The accident that occasioned this litigation occurred on September 7, 1935. The original petition was filed on July 12, 1937. The facts and circumstances of the accident are more particularly set out in the first two opinions to which reference…