Fitzsimmons v. Milwaukee, Lake Shore & Western Railway Co.

Plaintiff brought an action for an injury sustained, while a passenger on one of defendant’s trains of cars, by a collision between the train upon which he was a passenger and another engine, in charge of an engineer in the defendant’s employ. The declaration alleges, in substance, that the engineer in charge of this wild *258engine, No. 48, “knew, or ought to have known, that he did not have time to reach Ramsey before said passenger train would pull out of Ramsey, going east, and that said engineer of said locomotive No. 48 attempted to make said run west to Ramsey without any order or…