McMillan v. Western Pacific Railroad

From a judgment in favor of defendant predicated upon the sustaining, without leave to amend, of a demurrer to plaintiff’s first amended complaint in an action to recover damages for injuries resulting from the alleged negligence of defendant, plaintiff appeals.

The amended complaint alleged that while plaintiff was employed by defendant as a train dispatcher, defendant “negligently and carelessly required” him “to be subjected . . . to working conditions of unusual responsibility, stress and tension” in that he was “required to operate a system of central traffic control of defendant’s…