Stark Electric Railroad v. McKean

This action is again submitted on demurrer, this time to the amended petition. Plaintiff seeks to recover damages in the sum of $11,372.52 for alleged negligence of McKean in failing to issue summons in error in an action prosecuted by it in the Supreme Court to secure a reversal of a judgment obtained by Laura J. Dinger by the action of the two lower courts, by reason whereof the same was dismissed. Plaintiff thereupon was compelled to pay the judgment, and now seeks recoupment against defendants.

The gist of the cause disclosed by the averments is that by reason of the default and neglect of…