Seaboard Air Line Railroad v. Hollomon

Quillian, Judge.

1. The defendant filed a special demurrer to paragraph 8 of the petition which alleges that the train was coasting and making very little noise. The demurrer insists that the allegation is irrelevant because it fails to show that the plaintiff was harmed by the coasting of the train. The judge properly overruled this demurrer because the allegation illustrates one of the circumstances under which the collision took place.

2. The special demurrers to paragraph 10 and subparagraph d of paragraph 19 of the petition should have been sustained. The paragraphs allege that the…