Indianapolis, Peru & Chicago Railroad v. Bishop

ON PETITION POR REHEARING.

Gregory, J.

The Toledo and Wabash Railroad Co. v. Fowler, 22 Ind. 316, to which our attention has been called in the petition for a rehearing,. seems to be against the conclusion arrived at by a majority of the court in the case at bar. Which is right? Mr. Chitty says that “facts only are to be stated, and not arguments or inferences or *204matters of law.” 1 Chitty on PI. 214,12th Am. Ed. Mr. Justice Buller, in The King v. The Mayor, &c., of Lyme Regis, 1 Douglass 149, says: “It is one of the first principles of pleading, that you have only occasion to state facts, which…