167 Ind. 648 | Ind. | 1907
Appellee, as administrator, brought this action to recover damages for the death of James Bragg. The complaint, omitting the caption and prayer, is as follows: “The plaintiff complains of the defendant, and for his cause of action avers and says that he was duly appointed by the Laporte Circuit Court, as administrator of the estate of James Bragg, on July 9, 1903; that the defendant is, and was at the time hereinafter mentioned, a corporation duly organized under the laws of the State of Indiana, and owned and operated a railway known as the 'Chicago, Indianapolis & Louisville Railway,’ over, through, and across the county of Laporte, and other counties in the
Appellant’s demurrer for want of facts to this complaint was overruled, and this ruling, assigned as error, presents the first question for our consideration.
The judgment is reversed, with directions to sustain the demurrer to the complaint, and grant leave to amend if desired.