Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Parker

Action against appellant to recover damages for negligently causing the death of Henry E. Ilurshman. Deinurrer to complaint for want of sufficient facts overruled. Trial, and judgment for appellee.

The gist of the complaint is the charge that appellant negligently constructed a side-track, and ordered the decedent, an engineer, to run his engine over it; and that the .decedent, without fault on his part, was killed by the overturning of the engine as the result of the giving way of the side-track. There is no averment that the decedent, before going upon the side-track, did not have full…