Caudill v. John P. Gorman Coal Company

Opinion of the Court by

Hobson, Commissioner—

Reversing.

Appellant, William Caudill, ¡brought ‘this action against the appellee, John P. G-orman Coal Company. The coal company filed, a demurrer to the petition. The demurrer was overruled. The coal company then filed an answer denying the allegations of the petition. The case came on for trial, and at the conclusion of the evidence for the plaintiff the court premptorily instructed the jury to find for the defendant. The plaintiff appeals.

The cause of action was set out in the petition in these words:

“For cause of action and complaint against the…