Fish v. Delaware, Lackawanna & Western Railroad

This is a demurrer to the second and third separate defenses in the answer on the ground that each is insufficient in law upon the face thereof.

The action is brought to recover damages for injuries occasioned by defendant’s negligence while plaintiff was in a car on defendant’s road, at Elmira, ¡N". Y. The second separate defense alleges that plaintiff delivered a quantity of furniture and horses to the Grand Trunk Railway Company at Jackson, Mich.,' on or about ¡November 3, 1910, for transportation to Ballston Spa, ¡N". Y.; and, on the delivery of said property, the plaintiff signed a…