
    Frank H. Addison, adm’r for John Frasier v. Lake Shore & Michigan Southern Railway Company.
    
      Pleading — Deda/ration for injury — Donmrrability.
    A declaration in case for a fatal railway injury is demurrable if it does-not so state tbe cause of action that tbe defendant can, with reasonable certainty, ascertain in what respect it is charged with negligence, or if.it does not count.BPecificallv upon some particular duty and breach thereof as causing the injury: itia not enough to refer to mailers in an uncertain, doubtful and amhigmma..manner fifí a kmcl of general drag io~meet whatever evidence may be presented.
    Error to Wayne.
    Submitted Apr. 4.
    Decided April 19.
    Case. Plaintiff brings error.
    Affirmed.
    
      James H. Pound for appellant.
    
      Wm. H. Wells and AsJdey Pond for appellee.
   Marston, J.

Tbe defendant demurred to tbe plaintiff’s declaration, and the demurrer was sustained.

The objection to the declaration was not because of a want of words, but because of the arrangement thereof. There was not a clear and concise statement of the plaintiff’s cause of action, from which the defendant could with reasonable certainty ascertain wherein it had been guilty of negligence, and prepare to meet the charge. Many things were referred to in an uncertain, doubtful and ambiguous manner as a kind of general drag to meet the evidence, whatever it might be; but no particular duty, and breach thereof as causing the injury, was specifically counted upon. We do not deem it necessary to point out the objectionable features in some of the general counts.

The judgment will be affirmed with costs.

The other Justices concurred.  