Turner v. Laying

The opinion of the court was delivered by

Smith, J.:

This action was brought by the sons and daughters, the sole heirs, of Mary Turner for damages for the negligent killing of their mother by a car operated on defendant’s interurban railway. A demurrer to the evidence of plaintiffs was sustained. Plaintiffs appeal.

The deceased, with her daughter, had been in the country on a visit. On the night of her death the two, at about the time for the interurban, went to the shelter house of defendant at Stop 28. They heard a car coming and crossed the tracks in order to be on the proper side to board…