Artenberry v. Railroad

. Oaldwei.l, J.

James Artenberry, while attempting to cross the track of the Southern Railway Company, was struck and killed by one of its trains. His widow brought this action to recover damages. The company demurred to the evidence, the Court sustained the demurrer, and she appealed in error.

The substance of the plaintiff’s insistence in this Court is that defendant’s demurrer to the evidence is insufficient in form, and that the evidence shows a good cause of action; and, hence, that for either- and both of these reasons, the judgment of the Court below should have been in her favor.

First.…