White v. Railroad

This case went off in the court below on a demurrer to the sufficiency of the declaration. Plaintiff appealed and assigned as error the action of the court in sustaining the demurrer.

The first count alleged that defendant company is the owner of a railroad engaged in operating freight and passenger cars, locomotives, etc., etc., to a point known as Orman’s Quarry in Davidson County, whereby it became the duty of said company to keep its roadbed, rails, crossties, coaches and cars running thereon in a safe and secure condition and up to the present state of the art, and especially so as not'…