Kaemmerling v. Athletic Mining & Smelting Co.

AMID ON, District Judge.

I concur in the reversal of this ease. My reasons are somewhat different from those stated by Judge SCOTT, and I state them in the hope of aiding the lower court in the trial of the ease upon the merits.

The trial court sustained the demurrer upon the ground that the complaint failed to specify any particular acts of negligence on the part of the defendant which caused the current of electricity to escape from its usual conduits and pass into the iron lever. That is the substance also of the argument of counsel for defendant.

Does the law require plaintiff to go hack of…