Simmons v. Chesapeake & Ohio Ry. Co.

MilleR, Judge;

The circuit court sustained defendant’s demurrer to plaintiff’s declaration, and has certified to us the question of the correctness of his ruling thereon.

The declaration alleges that plaintiff was a boy nine years of age, living- with his parents in a house located on defendant’s right of way; that plaintiff’s father was an employee of the defendant company; that the only means of egress and ingress from and to plaintiff’s residence was over and- along the said right of way; that about one hundred and fifty feet from the residence, the- defendant maintained a tool| house, in…