Hardy v. Williamson

Simmons, Justice.

We think the court below erred in sustaining a demurrer to the declaration on the ground “ that the declaration did not present such a statement of facts or causes of action as entitled the petitioner to maintain the suit, and that the facts as stated in the declaration did not make a cause of action sufficient in law to authorize any recovery against the defendant.” The plaintiff asserts in his declaration, in substance, that the defendant was president of a construction company which had contracted to build a certain railroad; and that the plaintiff and ten others were…