Jackson v. Pennsylvania Railroad

*80The opinion of the court was delivered by

Pitney, J.

This action has been once tried by jury, and the resulting judgment was'reversed by the Court of Errors and Appeals. Jackson v. Pennsylvania Railroad Co., 37 Vroom 319. Since that decision amended replications have been filed to a special plea of the defendant, and to one of these replications a general demurrer has been interposed. Upon the issue at law thus joined we are to give judgment against the party in whose pleading the first defect of substance is found.

The declaration sufficiently sets forth that the plaintiff received personal…