Heisel, J.
We sustain the demurrer to the first count, but we think the third count comes within the ruling in Padley v. Director General of Railroads, ante, 108 Atl. 34, and we overrule the demurrer to the third count.
Frank Gardner vs. Wilmington and Philadelphia Traction Company, a corporation of the State of Delaware
7 Boyce 52130 Del. 521
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