Kird v. New Orleans & Northwestern Railroad

The opinion of the court was delivered by

Blanchard, J.

Plaintiff appeals from a judgment dismissing his suit on exception of “no cause of action.”

It is a familiar rule of practice that this exception (demurrer) is held to admit, for the purpose of the trial thereof, the truth of the averments of the petition.

Conceding the matters of fact alleged, this plea tenders the issue, on the face of the petition, that no case is presented entitling the plaintiff, in law, to recover.

The case here presented, epitomized, is as follows:—

Plaintiff’s wife took passage on defendant’s company’s train at the…