Johnston v. Cleveland & Toledo Railroad

This case, by the reservation of the district court, comes before us on demurrer to the plaintiff’s petition, which read» as follows:

“ David Johnston comes and says he is the administrator of David Lyons, late of said county of Lucas, deceased, duly apj>ointcd ^according to law; that said David Lyons, while in life, to-wit, on the 30th day of January, 1855, and before that time, was in the employ of the Cleveland and Toledo Railroad Company, the defendant aforesaid, in the county of Lucas aforesaid, and on the day and year aforesaid, was employed as a laborer in the employ of said company on…