Duty v. Chesapeake & Ohio Railway Co.

Milleh, Judge :

Defendant by writ of error seeks reversal of the judgment below against it for five thousand dollars, damages for injuries alleged to have been sustained by plaintiff while a passenger, at West Hamlin, in Lincoln county, on the night of September 24, 1907.

The first point of error is the overruling of the demurrer to the amended declaration and to each count thereof. This declaration contains two counts. The second count, among 'other things, avers the duty and the breach thereof by defendant to stop its train at its said station, on the night in question, a reasonable length of…