Reports of the Cases Decided in the Appellate Court of Indiana Volume 37

Reports of the Cases Decided in the Appellate Court of Indiana Volume 37

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ... and conductor, employes of appellant; thaton that day, and wholly unknown to appellee, a freight-train, composed of a tender, engine, ten or more loaded cars of coal and a caboose, in charge of an engineer and conductor, employes of appellant, was coming from Gilmore, on the line of appellant's road, toward the train on which appellee was a brakeman; that at a point between Latta and Gilmore, while-the train on which appellee was employed was moving at the rate of twenty miles an hour, and. while he was standing by the side of a door in the aisle of the caboose, acting under his orders as such brakeman, and without any fault on his part, said train and the train of coal-cars, engine and tender, as aforesaid, "were, by the negligence of the officers of said company, and by the carelessness and negligence of the engi Southern Ind. R. Co. 'v. Baker--37 Ind. App. 405. neers and conductors in charge of said trains, carelessly and negligently run violently against and upon each other, thereby causing a collision," and producing injuries to appellee which are-specifically described, and by which he avers he was permanently disabled and unfitted for hard manual labor, and from pursuing his occupation as a railway brakeman, to his damage in the sum of $5,000. The only objection urged to the complaint is that it does not allege by direct averment that the oflicers, engineers and. conductors of the two trains were in 1. charge of the trains; that it does not allege directly, but only by recital, that these men had anything to do with the trains at the time of the collision. We do not so read the complaint. It is specifically averred that the train upon which appellee was riding "was in charge of the'engineer more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236841050
  • 9781236841056