Keyser Canning Co. v. Klots Throwing Co.

Miller, Judge :

This ease was here on a former writ of error, prosecuted by plaintiff, when the adverse judgment against it was reversed and the case remanded for a new trial. 94 W. Ya. 346.

After the ease went back, and before the new trial, plaintiff was permitted to file a fourth amended declaration, making all prior declarations parts thereof, and on which defendant joined issue. This new declaration contains but two counts, but in substance it embodies the same averments of facts, with slightly changed relation, and in addition charges. certain specific omissions of alleged duty which…