Miller v. Armour & Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiffs have filed an application for a rehearing which the court has carefully considered. One ground of complaint is, in substance, that some of the facts stated in the opinion were based on evidence introduced by the defendants and should not be considered on a demurrer to the plaintiffs’ evidence. There is merit in this criticism. Because of this we restate the issues and the facts, not for the purpose of determining the demurrer to the evidence, but to determine whether or not the plaintiffs can recover on the facts established…