Lake Erie & Western Railroad v. Pettijohn

The appellee brought this action against the appellant to recover damages caused by fire. He stated his cause of action in two paragraphs of complaint. A demurrer for want of facts was overruled to each. The cause was put at issue and tried by the court. The court, at request of the appellant, made a special finding of the facts, stated conclusions of law, and rendered judgment in favor of appellee.

*696Filed Feb. 14, 1894.

It appears affirmatively, from the record,. that the finding and judgment are based upon the first paragraph of the complaint. The overruling of the demurrer to the first…