Indianapolis & Cincinnati Railroad v. Love

Love sued the appellants, and alleged that on the first of March, 1854, he was in the employment of the said company as engineer, and whilst so engaged in running an engine, &c., the same “ ran off the track, in spite of the reasonable care and diligence of the plaintiff, and which running off was in consequence of the imperfect and insufficient connection of the track where the said track crossed other tracks — the defendants being bound to keep said track in good running condition;” and that his leg was unavoidably crushed, &c.

Demurrer to the complaint, assigning two causes—

1. That it does…