Peirce v. Jones

Appellee’s wife was injured while crossing the tracks of the Toledo, St. Louis & Kansas City Railroad, where it intersects a certain street in the city of Kokomo. The complaint is in two paragraphs, and alleges that the injury was occasioned by the negligence and carelessness of appellant while operating a train upon said railroad. It is not necessary for us to state the acts of negligence charged, for no question is raised as to the sufficiency of the complaint upon that ground. The only part of the complaint referring to or defining the official capacity of appellant, Peirce, is as follows:…