Toledo, Wabash & Western Railway Co. v. McDonough

This was an action by the. appellee against the appellant to recover damages for being put off the cars on the road of said company, wrongfully, as is alleged. The defendant answered in three paragraphs. The first was a general denial, and the second and third were special paragraphs. ' The plaintiff demurred to the second and third paragraphs, and the demurrers were sustained. Upon a trial by jury, -there was a general verdict for the plaintiff, and also answers to interrogatories propounded at the instance of the defendant.

The defendant moved the court for judgment in its favor, on the…