Stalcup v. Louisville, New Albany & Chicago Railway Co.

Wiley J.

The appellant, being a minor, brought this action by his next friend, to recover damages, alleged to have been received while riding on appellee’s railroad. The complaint is in two paragraphs, to each of which the appellee addressed a demurrer, which was sustained by the trial court, and an exception reserved. • The appellant refusing to plead over, the court rendered judgment for appellee for its costs, and the appellant appealed. The error assigned is the sustaining of the demurrer to each paragraph of the complaint.

The first paragraph of the complaint avers that the appellee was…