Cincinnati & Martinsville Railroad v. Eaton

This was an action by the appellee against the appellant, to recover damages for the killing of the deceased, William Danly, by a locomotive engine, upon the appellant’s railroad.

There were three paragraphs in the complaint, to each of which separate demurrers wmre filed, for want of sufficient facts. The demurrer was sustained to the second paragraph, but overruled as to the first and third, and the defendant excepted. Issues were joined, and the cause tried by a jury, resulting in a general verdict and judgment for the plaintiff.

Error is assigned upon the overruling of the demurrer to the…