Reines v. Chicago, Milwaukee, St. Paul & Pacific Railroad

Appellant, as administratrix, brought this action to recover damages for the alleged wrongful death of her husband, John Reines. Deceased was killed when an automobile in which he was riding as a guest ran into the side of a freight train as the train was moving over a highway grade crossing. Appellant joined as defendants the railroad company, its trustees, under Section 77B of the Bankruptcy Act, and the conductor of the train. The trial court sustained a demurrer to the amended complaint on the ground that the complaint did not state a cause of action. Upon plaintiff’s election to stand…