Bartley v. Western Maryland Railway Co.

Williams, Judge :

Plaintiff, a passenger on defendant’s train, who was injured while attempting to alight therefrom at one of defendant’s stations, recovered judgment for said injury, and defendant brings error.

The overruling' of defendant’s demurrer to plaintiff’s amended declaration is assigned as error. Counsel insist the amended declaration avers a new and different cause of action from that alleged in the original declaration, to which a demurrer had been sustained with leave to plaintiff to amend. The negligent acts averred in the original declaration, which consists of two counts, are,…