Louisville, New Albany & Chicago Railway Co. v. Smith

— The first error complained of by the appellant in this case is the overruling of its demurrer, for the want of sufficient facts, to appellee’s complaint. In his complaint the appellee alleged, in substance, that on October 20th, 1881, the track of appellant’s railroad crossed the public highway leading from Bloomington to Ellettsville, in Monroe county.; that at such crossing the appellant undertook to keep the same in good repair for the use of the public; that, on the day named, appellant permitted such crossing to get out of repair and become dangerous to cross; that the appellee, not…