Wilson v. Rochester & Syracuse Railroad

By the Court, Gridley, J.

This is a demurrer to the complaint, on the ground that it does “ not set forth facts sufficient to constitute a cause of action.” The action is brought for negligence of the defendant in omitting to ring the bell or sound the steam whistle when the plaintiff was crossing the railroad track with a wagon, at a place called the Junction, in the town of Elbridge, whereby he was thrown upon the rails and permanently injured.' The complaint states that the Jordan and Skaneateles plank road, on which the plaintiff was traveling, towards Skaneateles, crosses the railroad in…