Tennessee Coal, Iron R. Co. v. Kimball

ANDERSON, O. J.

There was no error in overruling the defendant’s demurrer to counts 2 and A because of their failure to show or charge that the things complained of resulted from the same transaction. We think each of the counts shows that the entry into the house and leaving the door open was but one continuous act, and do not think that they are reasonably susceptible of the interpretation that defendant’s servants broke into the house and removed the refrigerator, then fastened the door, and returned at some other time and ppened the door and left it open. These counts are unlike the one…