Hilliker v. Citizens Street Railway Co.

Tlie appellant brought this action against appellee. The complaint was in two paragraphs, and appellee’s demurrer to each paragraph was sustained, and, appellant refusing to plead further, judgment was rendered against him on demurrer. The errors assigned call in question the action of the court in sustaining said demurrer to each paragraph of the complaint.

The first paragraph seeks to recover damages, not for the death of appellant’s intestate, but for physical pain and suffering, and the mental anguish caused thereby, being such damages only as the intestate could have recovered if he had…