Wilson v. D., S. P. & P. R. R.

The amended complaint in this case was held insufficient upon demurrer, in the District Court, and the plaintiffs declining to amend further, judgment was given for the defendant, the said railroad company.

The complaint charges that the accident, which is the ground of the action, occurred by reason of the engine on defendant’s railroad coming in contact with a log lying across and upon the track of said railroad, at or near Deansbury station, whereby *398the engine was thrown from the track into the river adjacent, and the deceased thereby instantly killed.

It alleges that the deceased was in the…