Norfolk & Western Railway Co. v. Birchfield

Keith, P.,

delivered the opinion of the court.

This is an action on the case to recover damages for an injury alleged to have been inflicted upon the defendant in error while a passenger upon the train of plaintiff in error.

The original declaration contained three counts, to which the defendant filed a demurrer, which was sustained as to the first and third counts; and thereupon, by leave of the court, defendant in error amended the third count, and the trial was had in the circuit court upon the original second count and the third count as amended.

We are of opinion that these two counts…