Depue v. Baltimore & Ohio Railroad

Miller, Judge:

The circuit court was of opinion that the demurrer of defendants to the plaintiff’s declaration should be overruled, but certified to us the questions presented for our judgment thereon.

The action is for personal injuries sustained by reason of the alleged negligence of the defendants to keep in repair a public road at the point where the railroad company’s line crosses the county road; it being alleged that it was their duty, and the duty of each of them, to maintain said crossing in a reasonably safe condition, and because of tlie neglect of their duty in the premises, the…