Long v. Omaha & Council Bluffs Street Railway Co.

Clements, District Judge.

This is an action brought under the provisions of sections 1428, 1429, Rev. St. 1913, being the so-called “Lord Campbells Act,” to recover damages sustained by the widow and children of Russell James Long, whose death, it is alleged, was caused by the wrongful act of the defendant. After a jury was impaneled and the opening statements of counsel were made, defendant obtained leave to withdraw its answer and to interpose a demurrer ore tenus to the petition and the evidence as stated by counsel for plaintiff, which statement appears in the record. Said demurrer was…