Toledo, Wabash & Western Railway Co. v. Foss

This was an action, brought by appellee, to recover for a personal injury received while a passenger on appellant’s road, between Jacksonville and Springfield, on the 20th day of March, 1874. The declaration contains two counts. In the first one it is averred that defendant negligently and carelessly ran the train of cars, on which plaintiff was a passenger, violently against and upon a horse, by means whereof the car of the train occupied by plaintiff was thrown from the track, by means whereof plaintiff was injured, etc. The second count is like the first oné, except it is averred the…