Indianapolis & St. Louis Railroad v. Morgenstern

This was an action brought by the administrator of the estate of Hugo Eilenstine, deceased, to recover damages on account of the death of the intestate, which was caused, as alleged, by the negligence of one of defendant’s servants.

It is alleged in the second count of the declaration, in substance, that Hugo Eilenstine, in his lifetime, at Mattoon, was in the employment of the defendant, in the capacity of inspector of rolling stock of said company, and that it was his duty, on the arrival of trains in Mattoon, to be present to examine the wheels and trucks, for the purpose of seeing that…