McWilliams v. Louisville N. R. Co.

Count 2 of the amended complaint alleges that plaintiff (appellant) was upon a “pavement or platform” erected by defendant for the use of its patrons at its station, where plaintiff was for the purpose of taking passage on one of its trains, and that defendant by and through its agents or servants negligently ran its locomotive or train against plaintiff, causing the injuries alleged in the complaint.

Count 3 is to the same general effect, but differed in this respect: It is alleged that defendant’s pavement or platform was erected for use of its “patrons or invitees”; that “a portion of…