Schlesinger v. Central Railroad

The defendant appeals from an interlocutory judgment entered upon a decision overruling the defendant’s demurrer to the plaintiff’s amended complaint, on the ground that it does not state facts sufficient to constitute a cause of action. The action is brought to recover damages for personal injuries. The allegation which is the sole basis of the cause of" action reads as follows: “ That the plaintiff was caused to be struck by the said projectile by reason of the negligence and carelessness of this defendant and without any contributory negligence on the part of .the plaintiff.”

These are the…