Roy

The respondents moved to dismiss the appeal in this case on the ground that appellant’s brief does not conform to Rule VIII, section 3, of the Rules for the Supreme Court and District Courts of Appeal, by omitting to print therein the substance of the complaint upon which she relies as her statement of a cause of action, and because the appeal is frivolous, since the complaint recites facts making it physically impossible for the defendants to be charged with negligence resulting in the death of Fern Mildred Roy. The cause was dismissed as to the defendant Smith.

We think the appellant’s brief sufficiently conforms to the above rule, which merely requires the printing of “the nature of the action and the substance of the pleadings” relied upon. The brief recites in part: “The complaint alleges that the defendant so negligently supplied natural gas to said apartment, which was burned through the burners installed by defendant, that carbon dioxide gas was formed to such an extent that Mrs. Roy died. . . . The defendant gas company had the control of the gas in question, and also that it had installed the gas jets which were required in making the change from artificial gas to…