Gill v. Louisville & N. R.

McCALL, District Judge.

This case is before the court upon defendant’s demurrer to the declaration. In substance, the declaration avers that plaintiff’s intestate was an employé of the defendant as a locomotive engineer, and that while in the discharge of his duty as *261an engine driver the engine was derailed and plaintiff’s intestate was killed. It is averred that the derailment was caused by the engine colliding with a cow that had strayed upon defendant’s unfenced railroad track, and that “his death was wholly due to the carelessness and negligence of the defendant in failing to erect and…