Ohio & Mississippi Railway Co. v. Hemberger

There are three errors assigned in this case: i. The overruling of the defendant’s demurrer to the complaint. 2. Sustaining the demurrer of the plaintiff to the second, third, and fourth paragraphs of the answer; and 3. Refusing a new trial. The suit was commenced in the Jennings Circuit Court, and in consequence of a change-of venue, was tried in’the Jefferson Circuit Court.

The action was to recover for damages to the drain lead-' ing from the cellar under the house of the plaintiff, in consequence of which the cellar was flooded with water, and the contents thereof damaged.

The defendant…