Lynn v. Illinois Central Railroad

Citations

• 63 Miss. 157

Syllabus

<p>Railroad Company. Action against for death of minor. Pleading and practice.</p> <p>A declaration, filed by the parent, for damages resulting from the death of a minor son from injuries received while in the employ of a railroad company, contained two counts, one of which referred to the minor, as being eighteen years of age, and the other as being of tender years. ‘The railroad company filed a general demurrer to the declaration, and contended that, as the minor was eighteen years old, and had taken upon himself the risks of the service in which he was engaged, the company was not liable for the injury complained of. But neither count refers to the other as to the averment of the minor’s age; nor does it appear in either that the alleged injury resulted from perils incident to the employment, but rather from the negligence of the company, and its employees not shown to be fellow-servants of the minor in a common employment. Held, that the demurrer, being to the whole declaration and being general, should have been overruled, under ji 1560 of the Code of 1880.</p>