Grabenc v. Union Pac. R. Co.

MeDERMOTT, Circuit Judge.

The plaintiff below appeals from an order sustaining a demurrer to a second amended complaint sounding in damages for the wrongful death of an eleven year old boy. The first six paragraphs may be passed by, for even if there was negligence in tolerating the dangerous situation alleged to exist— which we do not intimate — there was no causal connection between that negligence and the death. The boy was not struck by a ear or projection therefrom while standing by the tracks; his death resulted because he left the pathway.by the side of the tracks and climbed between…