Erb v. Morasch

The opinion of the court was delivered by

MAhan, P. J.:

This action was begun in the district court of Wyandotte county by the defendants in error against the plaintiff in error, under section 422 of the code of civil procedure (Gen. Stat. 1897, ch. 95, §418), to recover damages on account of the death of the infant daughter of the plaintiffs, whose death, the petition alleges, was occasioned by the operation of defendant’s passenger-train on the 16th day of June, 1893. ■ The child was about thirty-four months old at the time she was killed. The petition alleged that the child was killed on the…