Latham v. Staten Island Ry. Co.

I,ANNING, District Judge.

Each of the defendants has demurred to the second count of the plaintiff’s declaration, alleging as a ground of demurrer that the count fails to set forth any duty owing from the defendants, or either of them, to the plaintiff. The plaintiff avers that by reason of the running of a locomotive engine on the defendants’ railroad across a public highway at a high rate of Speed, and by reason “of the obstruction to view erected and also permitted by said defendants,” the highway crossing, over which the plaintiff was passing at the time he was run into and injured by the…