Southern Ry. Co. v. Dickson

Oí the numerous grounds of demurrer to the complaint only-three are now insisted upon. These are: (1) The complaint does not show that the defendant railroad company is a common carrier. . (2) It does not show any breach of duty owed to plaintiff, inasmuch as it charges .as negligence an act which is not negligent unless the engineer knew, or should have known, that plaintiff was in a place of peril at the time with reference to the act, no such allegation being made. (3) It does not show that immediately at the time of his injury plaintiff was engaged in the performance of the service he was…