Grosscupp v. Chicago & N. W. Ry. Co.

KENNEDY, District Judge.

The above-entitled cause is before the court upon defendant’s demurrer to plaintiff’s amended petition. The demurrer sets up that the amended petition does not state facts sufficient to constitute a cause of action, with a motion to dismiss the petition upon the ground that it is there affirmatively shown that the defendant was not guilty of negligence. The issue has been presented' by oral argument and memorandum briefs of counsel.

As the suit is based upon the alleged negligence of the defendant company, it will be necessary to examine the pertinent allegations of the…