Owen v. Saratoga & Encampment Railway Co.

Beard, Chief Justice.

The plaintiff in error, Henry E- Owen, instituted this action against the defendant in error, the Saratoga & Encampment Railway Company, in., the district court of Carbon county. The petition set up three causes of action in separate counts. The defendant demurred to the- first count, and the demurrer was. sustained by the court, to which, ruling plaintiff excepted. The cause proceeded to trial and judgment on the second and third counts, but no further order or judgment was made or entered as to the first count. It is solely upon the ruling of the court sustaining the…