GARDNER, P. J.
Counsel for the plaintiff argues that the trial judge, in sustaining the general demurrer to the petition, apparently assumed that the plaintiff's cause of action was predicated upon the fellow-servant rule. The judge's order sustaining the demurrer reads: "This case coming on for hearing before me on demurrer, after hearing argument the general demurrer of the defendant is sustained and the plaintiff's petition is hereby dismissed for failure...
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