Louisville N. R. Co. v. Courson

THOMAS, Justice.

The suit was for personal injury.

The complaint contained three counts. Plaintiff withdrew count 2 and the court gave the general affirmative charge as to count 3, leaving only count 1, upon which the trial was had.

The gravamen of count 1 is as follows: “ * * * defendant was a common carrier of passengers for hire and reward by means of a railway train or trains, and facilities, and plaintiff was the passenger of defendant on said occasion and as such passenger was riding in a railway coach of which on said occasion defendant was in charge or control.

“Plaintiff avers that on…