Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Henderson

The overruling of the appellant’s demurrer to the first paragraph of the reply is the only error relied upon for a reversal of the judgment.

The case stands upon the third paragraph of the complaint, the third paragraph of the answer, and the first paragraph of the reply. The court having overruled the demurrer to the first paragraph of the reply, and “the appellant biding the demurrer, the case was submitted to the court for the assessment of damages,” and there was judgment for the appellee for $100.

The substance of the averments of the third paragraph of the complaint is that the appellant,…