Fairview Coal Co. v. Arkansas Central Railway Co.

Appellant instituted suit against appellee in the Logan Circuit Court for the northern district to recover damages on appellee’s common-law liability for failure to furnish cars at the Hall Mine switch, about two miles from Paris, in said county, for the purpose of shipping coal from appellant’s mine, near the Hall Mine switch, within a reasonable time after being requested to do so. A demurrer was filed to the complaint, which, upon hearing, was sustained by the court, over the objection and exception of appellant. The order sustaining the demurrer was in the following language: “Demurrer is…