Brogan v. Union Traction Co.

Miller, Judge:

To the judgment for plaintiff for fifty five hundred dollars; damages for the death of Francis Brogan, plaintiff’s intestate, defendant obtained the present writ of error.

The first point is that the court erred in overruling defendant’s demurrer to the declaration and to each of the four counts thereof. The main criticism, applicable to all four counts, is that a higher degree of duty, of carrier to passenger, is averred than is required by law, and that the alleged breaches of that duty are as broad as the duties charged. The first count avers that it was the duty of defendant…