— This writ of error was taken to a judgment for the defendant rendered' upon sustaining a demurrer to the second amended declaration of the plaintiff alleging personal injury by reason of the negligence of the defendant company in operating a street railway car and in employing a motorman for the car.

As the declaration does not wholly fail to state a cause of action, the demurrer thereto was erroneously sustained. See Chap. 6521, Acts of 1913.

Reversed.