Clayton v. County Court of Roane County

Lively, Judge:

The trial court overruled a general demurrer to the declaration and certified its ruling to this court for review; propounding questions to be answered which do not arise upon the pleading. The only question that may be properly certified for review under section 1, chapter 135, Code, where a demurrer to a declaration has been sustained or overruled, is whether the declaration states a good cause of action. Hence the question propounded in this case as to whether the state road commission is liable for damages for injuries sustained by a person traveling over a public road by…