Chicago & Atlantic Railway Co. v. Derkes

The error assigned by the appellant Railway Company, the plaintiff below, upon the record of this cause, is this: “ The court erred in sustaining the demurrer of appellees to the first, second, fifth, sixth, seventh and eighth paragraphs of appellant’s complaint, and to each of such paragraphs separately and severally.”

As to each of such paragraphs of complaint, the only ground of demurrer assigned by the appellees was that it did not state facts sufficient to constitute a cause of action. After-wards, and before the filing of the subsequent paragraphs, the record shows that the appellant…