McCLELLAN, C. J. The first count avers that plaintiff’s intestate was a passenger on one of defendant’s street cars when he received the injuries which caused his death, and theréby shows the duty the defendant was under to conserve the safety of the intestate. This duty having been thus shown, the averment of a failure to perform it — of the negligence of defendant whereby the intestate came to his death- — though very general —…
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