Martin v. Pennsylvania R.

HICKS, Circuit Judge.

Appeal from a judgment sustaining a demurrer to and dismissing plaintiff’s fourth amended petition. After condensing and yet retaining the substance of this prolix and beclouded petition, it avers that the defendant operated a double-track railroad through Gibsonburg, Ohio; that in that village the railroad intersected Madison street; that the defendant maintained a watchman’s shanty at this intersection and a few feet from the west side of the track; that decedent had been, a watchman there; that prior to September 4, 1925, the date of his death, decedent had temporarily…