The court committed no error in sustaining the demurrer of the defendant. It certainly was not the intention of the act of 1878 to give damages for injuries sustained prior to the constitution of 1874. Before this time, no remedy existed where by a recovery could be had for such injuries, and we cannot assume from the rather careless language of the act that its retroactive power should go back of the constitution on which it is based.

Judgment affirmed.