Neal v. Ohio River R.

BraNnon, Judge:

This is an action by Neal and wife against the Ohio River Railroad Company, in Wood County circuit court, resulting in a judgment for plaintiffs for two hundred and fifty dollars upon demurrer by defendant to the evidence.

I. It is claimed that there is a variance between the title as pleaded in the declaration and that shown in evidence. The declaration alleges the plaintiffs as seised and possessed of a tract of land, whereas a life estate is shown. That allegation is sufficient to admit evidence against a wrongdoer for tort for damage to any estate, — years, life, or fee.…