Whiffin v. Union Pacific Railroad

GIVENS, J. —

Appellant as administrator of the estate of Helen P. Whiffin, deceased, sued respondent railroad company and H. W. Joshton engineer of the lethal train, to recover damages for her death in a crossing accident. The trial court sustained a general demurrer to the complaint and this appeal is from the consequent judgment of dismissal upon appellant’s refusal to plead further.

The essential allegations of the complaint are:

“That on the 15th day of January, 1937, about 6:30 o’clock, P. M., plaintiff’s intestate drove an automobile on and along said highway toward said crossing on the…