Branch v. Port Royal &c. Railway Co.

The opinion of the court Avas delivered by

Mr. Chief Justice McIver.

The only question raised by this appeal is Avhether the Circuit Judge erred in overruling a demurrer to the complaint based upon the ground that the complaint does not state facts sufficient to constitute a cause of action. So much of the complaint as is pertinent to this inquiry reads as folloAvs: “That the said William L. Branch, Avhile in the employment as a train hand of said defendant on its train of cars on said defendant’s railroad track, in the county and State aforesaid, and Avhile in the discharge of his duty as such…