Birdsong v. City of Chattanooga

This action was filed to recover for the death by drowning of a 7-year old boy, to which declaration the City of Chattanooga, the Central of Georgia Railway and the Stein Construction Company, a partnership, demurred. The demurrers were sustained and the appeal is direct to this Court.

The material parts of the declaration will be stated either in substance or verbatim. The said railroad company has a track running into the corporate boundaries of the City of Chattanooga and more particularly does said defendant have a strip of track running near Taft Avenue and Burnett Street in the…