George v. Quincy, Omaha & Kansas City Railroad

ON REHEARING.

ELLISON, P. J.

This case has been again considered and we are satisfied with the foreg*oing opinion, delivered by Judge Trimble at the first hearing..

But a point, not before discussed, has been presented. It relates to the validity of the statute; defendant claiming it is void for uncertainty. Preliminary to considering that question we will dispose of plaintiff’s claim that defendant should not be allowed to raise that objection in this court, since it was not made by answer, or otherwise, at the trial. Plaintiff has likened defendant’s right to cases where the claim has been…