dafandants its agents and employees in adfiition tothe aforesaifi
nsgligonoa wora negligent in that thay did noi stop said train long
enough for the plaintiff to aboard Said train, and thaptho derandant,
its agnnte and amployoes warn also negligent in that they failad to
furnish propor signals at said station and a place certain at said
station for passangars to alight and aboard saio trains".

Defendants also move the court to atriko out of the
petition all that part thereof, beginning in tho second line from bottn
of first page and ending in the sixth lino from top of second page
tharaof in thasa words, viz.,

" And at a point on Said road whore it was
customary for passengers to alight and board said
train, which one well Known to the defendants its

. agonts amd omoloyaes or mould hava bean known by
the exercise of ordinary care, that said defendant,
Louisville o Nashvilla Railroad Gompany, its agants
and amployaoa permitted and aliownd passangers to
board said train at the point nbovm mentioned. ”

Dafendants furthar moves the oourt to strike out of the
Amandad Petition all that part thereof beginning in the second line
from tho tpfi pt the secgnd fiaga thernof and ending in the seventh
line from the top of the same page, in thosa words, viz.,

" And that while tho trains uro upon this Y,

ii 15 customary for passengers to aljght, and to

board said trains, and that the sumo was known to
the defandant, its agents and dmployeos, and that
the alighting and boarding of said trains on this
Y Was permittad by the dafendant, its agents and

employees, "

Defendants baa. their motion oforosaid upon iha ground that
the said allegations are wholly incompetent, irrolevant, immaterial
and impropar, and upon tho further ground that tho allogations above
noted in the amended patition are but a rnpatitiun of aimilar allega—
tions oontainad in tho original patition.