Evansville & Terre Haute Railroad v. Claspell

This appeal is from a judgment recovered by appellee for damages on account of the death of his minor son while in appellant’s employ..

The sole question argued in this court arises upon the demurrer to the evidence, which was overruled by the court. Appellant’s contention is that its demurrer should have been sustained by reason of the failure to prove the employment.

The principles which should govern the court in passing upon the demurrer to the evidence are well settled.

By demurring to the evidence, the appellant admitted the truth of all the evidence favorable to appellee, together with…