Hawkeye Portland Cement Co. v. Chicago, Rock Island & Pacific Railway Co.

— This appeal presents no controversy as to the facts, since the demurrer admits the well pleaded averments. Certain questions of law are involved, arising from the allegations of the answer to which the demurrer of plaintiff was inter*1251posed. We deem it unnecessary to make answer to all of the matters submitted to the trial court for decision, and will, therefore, give our attention to the legal propositions which are primary and controlling. Before discussing the law of the case, it is necessary to outline briefly the allegations contained in the pleadings.

The plaintiff-appellant is a…