Grogan v. Denver & Rio Grande Railroad

This is an action under section 2056, Revised Statutes, 1908, by brothers and sisters to recover damages of a railroad company for the death of their brother alleged to have been caused by the negligence of the company while he was a passenger upon one of its trains. A demurrer was sustained to the complaint. This is the foundation of the errors assigned.

Assuming that the complaint alleges (which is in dispute) that the deceased left surviving him no widow, child, children, the descendants of children, or father or mother, and that the plaintiffs were and are all the brothers and sisters that…