Lake Erie & Western Railroad v. Bates

This action was brought by the appellee against the appellant to recover alleged damages for being wrongfully ejected from one of appellant’s trains. A demurrer to the complaint was overruled to which appellant excepted, and thereupon filed an answer in four paragraphs. To the second and third paragraphs of answer, a demurrer was sustained. Appellee replied. The cause was submitted to a jury. A special verdict was returned, and upon motion therefor, judgment was rendered thereon in favor of the appellee.

The errors assigned are (1) overruling of the demurrer to the complaint; (2) sustaining…