Hildebrand v. Toledo, Wabash, & Western Railway Co.

This suit was brought by the appellant against the appellee, to recover damages for negligently killing and causing the death of one Graves, of whose estate the appellant is administrator. The complaint is in three paragraphs, to each of which there was a separate demurrer, for want of sufficient facts, filed and sustained, and this ruling presents the only question in the case. If all or either of the paragraphs are or is good, the judgment of the court below must be reversed.

In view of the question presented, and the earnestness with which it is urged on both sides, though the complaint is…