Geddes v. Davis

GIYENS, District Judge.

This action was instituted by the plaintiff for the recovery of damages for the death of his infant son, occasioned by his being run over by a locomotive at a point where the Oregon Short Line Railroad tracks crossed a public street in Blackfoot, Idaho, Septem*203ber 12, 1918, said railroad at that time being under federal control.

The trial was had upon a second amended complaint, to which complaint a demurrer had been interposed urging, among other things, that the complaint did not state facts sufficient to constitute a cause of action against defendant, which demurrer…