U.S. Circuit Court for the District of Eastern Tennessee March 10, 1908 (Gill v. Louisville & N. R.)

McCALL, District Judge.

This case is before the court upon defendant’s demurrer to the declaration. In substance, the declaration avers that plaintiff’s intestate was an employé of the defendant as a locomotive engineer, and that while in the discharge of his duty as *261an engine driver the engine was derailed and plaintiff’s intestate was killed.