Churchill v. Chicago & Alton Railroad

This was an action on the case, brought by plaintiff in error, in the circuit court of McLean county, against defendant in error. The declaration contained two counts, to which atlemurrer was interposed, and sustained to the second count, but overruled to the - first count; and plaintiff in error refusing to further prosecute his suit under the first count, the court rendered judgment for costs against him, and he brings the record to this court and assigns for error the sustaining of the demurrer to the second count of his. declaration, and in/rendering judgment against him.

The second count…