Gould v. Coal & Coke Railway Co.

Miller, PRESIDENT:

In an action for damages against the railway company for *9killing the plaintiff’s horse, the first error assigned is that the court below erroneously overruled defendant’s demurrer to plaintiff’s amended declaration. We think the first count is defective, and the second is fatally so, and that the demurrer to the second count should have been sustained. As to the first it is next to impossible for the court to say whether the pleader relies on negligence of defendant- to build and maintain a suitable (lawful) fence, or negligence in operating its train and running upon the…