Jenkins v. Richmond &c. Railroad

The opinion of the court was delivered by

Mr. Justice McGowan.

This action was brought by the plaintiff, an employee of. the defendant, for the recovery of damages sustained by him through the negligence of the defendant company. The case came on for trial before his honor, Judge Wallace, and the defendant company interposed an oral demurrer, that the complaint did not state facts sufficient to constitute a cause of action against the defendant. The judge, without stating his reasons, sustained the demurrer and dismissed the complaint. From this order the plaintiff appeals to this court upon…