G.C. S.F. Ry. v. Rather

The appellant's fifth and sixth assignments of error complain of the action of the court in overruling its demurrer addressed to so much of the plaintiff's petition as asks for damages resulting from the alleged robbery by highwaymen, and in failing to instruct the jury to disregard such allegations. There is no merit in either of these propositions. It does not appear from the record that the demurrer was acted on in the court below, or even called to the attention of the trial court. Such being the case, the presumption is that it was abandoned. The court was not required, at least without…