Malott v. Sample

This was an action by appellee against Volney T. Malott, as receiver of the Terre Haute & Indianapolis Railroad Company, to recover for an injury to appellee’s person. A demurrer to the complaint for want of facts was overruled, and the question as to the propriety of this ruling is before us for determination. It is not necessary to set out all of the averments of the complaint. It appears therefrom that appellee was a brakeman in the employ of appellant, and that while in the line of his duty he was injured by a fall .from a stirrup upon a freight-car, owing to the fact that the stirrup was…