Edelbrock v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.

(dissenting.)

I cannot concur. The decisive question upon this appeal is whether the amended complaint, served May 25, 1925, states a cause of action. The question is one of law, to be determined from the face of the pleadings. 31 Cyc. 419. We are not concerned with the former holdings except as they bear upon the pleadings before us. The opinion holds that the complaint served July 7, 1922, stated a cause of action under the Minnesota Railway Act, chapter 187, p. 253, L. 1915. It was so held in the former decision. That complaint, so altered as to eliminate all reference, to railway…