
    Railroad v. House.
    (Nashville.
    February 3, 1900.)
    Amendmeut. Decla/raMon.
    
    An amended declaration, complete in itself, and which does not adopt or refer to the original supersedes and destroys the original as a pleading, and, if defendant pleads to the amended declaration, any error the Court may have committed in overruling demurrer to the original declaration is waived and cured.
    EROM DAVIDSON.
    Appeal in error from Circuit Court of Davidson County. J. W. Bonner, J.
    Smith & Maddin for Bailroad.
    Estes & Estes and J. D. Brien for House.
   Beard, J.

This is an action to recover damages for personal injuries. A declaration was filed. To this there was interposed a demurrer, which was overruled. The defendant then put in its pleas. Subsequently the plaintiff filed what is styled an amended declaration, which, with an immaterial change, is a copy of the original declaration. To this the defendant plead the general issue, and tbe ease proceeded to verdict and judgment. On tbe present appeal tbe railroad assigns error on tbe action of tbe trial Court in overruling its demurrer to tbe original declaration. Tbis assignment is not well taken. Tbe rule is, tbe original complaint is superseded and its effect as a pleading destroyed, by filing an amended complaint complete in itself, and wbicb does not refer to, or adopt tbe original as a part of it. Roderick v. Baltimore R. R., 7 W. Va., 54; Wood v. Gibbs, 35 Miss., 559; Hawkins v. Massie, 62 Mo., 552; Gilmore v. Cosgrove, 22 Cal., 354; Jones v. Frost, 28 Cal., 245; Kay v. Fondrigal, 3 Pa. St., 221; State v. Simpson, 77 Ia., 676; McFaddin v. Ellsworth, 8 Nev., 57.

With tbe original declaration went also tbe demurrer and pleas to it, .and tbe case thereafter stood on tbe issue made by tbe plea to tbe amended declaration.

Judgment of tbe Circuit Court is affirmed.  