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

121 N.E. 84, 187 Ind. 728, 1918 Ind. LEXIS 96

Opinion

Spencer, J.

— The issues presented by this appeal are identical with those which were considered in Pittsburgh, etc., R. Co. v. Miller (1918), ante 684, 119 N. E. 801, and, on the authority of that decision, we hold in this case that the trial court erred in sustaining appellee’s demurrer to appellant’s fifth paragraph of answer.

Judgment reversed, with instructions to .overrule the demurrer to said fifth paragraph of answer, and for further proceedings not -inconsistent herewith.