Stewart v. Pennsylvania Co.

While counsel have argued two alleged errors in this case, only one of them is assigned. The one error which is assigned, however, presents, substantially, every question involved in both, and rests on a ruling of the circuit court sustaining a demurrer to the second paragraph of the complaint.

The suit is by the appellant, as administratrix of the estate of William H. Stewart, deceased, who was killed by a train of cars on a line of railroad operated by the appellee.

The paragraph of complaint in question, omitting prefatory and concluding technical averments, is as follows:

“ That, on the —…