Adkins' Admr. v. Big Sandy & Cumberland Railroad

Opinion of the Court by

Judge Carroll —

Affirming.

George Adkins, on account of whose death this action was brought, was killed in November, 1909, while on the track of the appellee railroad company. A demurrer was sustained to the petition as amended, upon the ground that the facts averred did not state a canse of action. Declining to plead further, the petition as amended was dismissed, and the case is here for review, the only question being the sufficiency of the petition as amended.

The petition states in substance that Adkins was a laborer in. the employ of the William Ritter Dumber…