Frymier v. Lorama Railroad

Miller, Judge:

In an action on the case for negligently setting ont the fire which destroyed plaintiff’s oil well derrick, tank house, oil tank, and oil therein, and other oil well equipments, the defendant below, demurrant to the evidence, assigns and relies on the following as errors calling for reversal of the judgment: (1) Permitting the plaintiff to withdraw his joinder in said demurrer; (2) reading the affidavits of John Denning and B. W. Peebles in support of plaintiff’s motion to withdraw said joinder and to set aside the demurrer; (3) failure to take the case on said demurrer and…