California Supreme Court March 19, 1891, No. 13395 (Congrave v. Southern Pacific Railroad)

McFarland, J.

This action xvas brought by the widow and infant son of James W. Congrave, deceased, to recover damages for the death of the latter, who was killed by an accident on a railroad train of the defendant. A demurrer to the complaint was sustained by the court-below, and plaintiffs declining to amend, judgment went for defendant. From this judgment plaintiffs appeal.