Roberts v. Pendleton

The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover damages for an injury received while unloading a car of potatoes for the defendant. A demurrer to the petition was sustained and before the amended petition was filed the statute of limitation had run. To the amended petition and also to the second amended petition de*848murrers were sustained on the ground that the cause of action was barred. The question presented by the appeal is whether the original petition stated a cause of action.

Of course if facts sufficient to constitute a cause of action were stated,…