Smith, By, Etc. v. Hines, Director General

Opinion op the Court by

Commissioner Sandidge

Affirming.

The trial court sustained a demurrer to the petition of appellant herein as finally amended, and, upon his declining to plead further, dismissed it. Hence the appeal.

It remains, then3 for this court to determine whether or not the petition as amended stated a cause of action. We gather from its allegations that the L. & N. Railroad Company owns and maintains a freight depot and freight yard in Frankfort, Kentucky. Freight cars may usually be found standing on its tracks alongside the freight depot. The yard and depot are located in a…