Cole, J. i sailcoifstftutionaiiaw. I. Tbe petition alleges that tbe deceased was in the employ of the defendant as brakeman, and that by reason of the careless and negligent acts of the defendant’s engineer in running the train in njg^t £;me without a head light, the train ran into and over an ox team, forcing the bars together and fatally injuring the deceased. The defendant demurred t…
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