Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Stewart

Counsel for appellee, in their brief, aptly say that the “question presented in this case is whether or not appellee is entitled to recover damages for personal injuries caused by fright, and resulting in nervous prostration and a permanent impairment of health.” The record, by the assignment of errors, presents but two questions: (1) The sufficiency of the amended complaint, and (2) the overruling of the motion for a new trial.

If the amended complaint, upon its conceded theory, does not state a cause of action, questions arising under the motion for a new trial need not be noticed. The…