Pittsburgh, Cincinnati & St. Louise Railway Co. v. Thornburgh

Complaint in two paragraphs by the appellee to recover for the use and occupation of real estate. Appellant answered by the general denial, the statute of limitations and payment. To the special paragraphs of answerappellee replied in denial. The issues were tried by a jury and a verdict returned for the appellee, upon which judgment was rendered over the appellant’s motion for a new trial.

It is insisted that the complaint does not state facts sufficient to constitute a cause of action. This objection is presented for the first time in this court, there having been no demurrer to the…