Rathburn v. B. & M. R. R.

This is an action to recover for injuries sustained by the *442plaintiff caused by the alleged negligence of the defendant. A demurrer was sustained to the petition in the court below and the action dismissed.

It is alleged in the petition, in substance, that the defendant is the owner of and operates a railway running through the corporate limits of the village of Fairmont, Nebraska; that in the'construction of said railway it made “ an excavation for its road-bed about 50 feet long and 10 feet deep in the deepest part, said excavation being within the corporate limits of said village of…