Chicago & Erie Railroad v. Feightner

This is an appeal-from a judgment recovered by Patrick M. McCarty, administrator of the estate of Emanuel N. Wolfe, deceased, to recover damages for the death of said Wolfe, alleged to have been caused by appellant’s negligence. Since the submission of the cause, the death of said McCarty has been suggested and Milo Feightner, administrator de bonis non, substituted as appellee.

A demurrer to the complaint for want of facts and a motion for new trial filed by appellant were each overruled. These rulings are each assigned as error and *679relied on for reversal. We will dispose of them in the order…