Judd's Administratrix v. Southern Railway Co.

Opinion of the Court by

Judge Clarke

Affirming.

This is an action by appellant to recover damages of appellee on account of the death of plaintiff’s intestate, Alfred M. Judd. The lower court sustained a general demurrer to the petition, and appellant declining to plead further, judgment was rendered dismissing the petition, from which judgment this appeal is prosecuted.

Excluding formal parts, the material allegations of the petition are as follows:

“That on and before February 25th, 1914, the decedent was in the employ of the defendant as steam.locomotive engineer on defendant’s railroad, and on…