Nesbitt v. Northern Pacific Railway Co.

The appellant, who was plaintiff below, .brought this action against 'the respondent to recover damages for the death of her son, who was killed while in the performance of his duty as an employee of the respondent. The decedent was over twenty-one years of age at the time the injury occurred which resulted in his death. A demurrer to the complaint was sustained by the court below, and, on the appellant’s electing to stand upon the complaint, judgment for costs and of dismissal against her was entered. It is conceded that the case falls within the rules announced by this court in the cases of…