Supreme Court of Minnesota December 6, 1946, No. 34,209. (State v. Chicago Great Western Railway Co.)

Magney, Justice.

The state brought action against defendant railway company to recover certain claimed penalties. Defendant answered. Plaintiff interposed separate demurrers to paragraphs III and V of the answer on the ground that neither stated facts sufficient to constitute a defense. The court overruled the demurrers and certified the questions presented as important and doubtful.