Smith v. Eureka Pipe Line Co.

Kenna, Judge:

This action was brought in the Circuit Court of Wood County for the purpose of recovering for death by wrongful act. The defendant demurred to the plaintiff’s amended declaration, after oyer had been craved of the writ and return and of the entire record in a like proceeding formerly pending in the Circuit Court of Harrison County, and upon overruling the demurrer, the trial court certified the questions thus raised to this Court.

The state of the record, including the allegations contained in plaintiffs amended declaration, rests the demurrer upon the following facts and…