Holmes v. Northern Pacific Railway Co.

Although the pleadings in the present action differ somewhat from those in the former action of' the same title, in which an opinion has recently been handed down by the Appellate Division in* this department, that opinion is,, in effect, decisive of the issues raised by the demurrer to the present answer. The second and third separate defenses in the present action do not contain a repetition of the denials and allegations contained in the first defense, and the demurrer .is not,- therefore, *267obnoxious to the very obvious objections which confronted the demurrer in the first action, that it…