Hospital v. . R. R.

The facts are sufficiently stated in the opinion of the Court by Mr.Justice Walker. An examination of the record in this case discloses the fact that every question now raised was presented in the former appeal and then decided by this Court. If it was material at the former hearing for the plaintiff to have established its incorporation, the nonsuit should have been sustained, and there is no less evidence of that fact now than there was then. But we concur with the judge, who presided at the trial, that the question of incorporation is not sufficiently raised by the pleadings, and, besides,…