McClaren v. Indianapolis & Vincennes Railroad

Bicknell, C. C.

This case was first tried several years ago, and was brought to this court on an appeal from a judgment in favor of the plaintiff.

The judgment was reversed and the cause was remanded for a new trial.

The facts were, substantially, that the injured party was walking, in the town of Worthington, on a switch of the defendant, which had been used, not for the passage of through trains, but for switching off cars and trains after they had reached the depot; the people had been using said switch as a footway, without objection by the defendant.

The injured party was going towards the…