40 Ind. App. 223 | Ind. Ct. App. | 1907
This is an action by the appellee against the appellant for damages resulting from an injury alleged to have been received while a passenger upon the passenger-train of appellant, by reason of the collision between said passenger-train and another train of appellant. The complaint is in one paragraph. A demurrer was filed by appellant, which was overruled. Answer in general denial, trial by jury, and verdict for appellee, together with answers to interrogatories. Motion for a new trial overruled. The overruling of appellant’s demurrer is the first error complained of. It is insisted by appellee that no question is presented upon this demurrer. There appears to be some virtue in appellee’s contention; but, since the cause will have to be reversed, we deem it proper to pass upon the-sufficiency of the complaint.
Judgment reversed, with instructions to sustain the motion for a new trial.