McGuire v. Chicago, Burlington & Quincy Railroad

This is the second appeal in this case. The opinion on the first appeal is reported in 131 Iowa, 340, where a statement of the facts may be found. On the former appeal we held that the plaintiff’s demurrer to the answer should have been sustained, and reversed the case and remanded it for further proceedings not inconsistent with the opinion. On the last trial in the district court a demurrer to the same subject-matter held demurrable in the former opinion was sustained, and the appellant assigns the ruling as error. Counsel for appellants concede in argument that the ruling is governed by…