Hill v. Kerens-Donnewald Coal Co.

Mr. Presiding Justice Bogus

delivered the opinion of the court.

An action on the case was instituted at the March term, 1917, of the Circuit Court of Madison county by appellant, as administrator of the estate of James H. Fry, deceased, against appellee-to recover for the death of said deceased. A demurrer having been sustained to the original declaration,' which consisted of one count, the same was by leave of court amended and an additional count was filed. A demurrer, filed by appellee to said declaration as amended and said additional count, was sustained by the court and the appellant…