New York, Chicago & St. Louis Railroad v. Henderson

This case comes to us on petition to transfer from the Appellate Court under §4-215, Burns’ 1946 Replacement. See New York, Chicago & St. Louis R. Co. v. Henderson (1956), 137 N. E. 2d 744, for opinion of the Appellate Court.

It is an action to recover for personal injuries alleged to have been sustained by appellee in a collision between an automobile driven by appellee and a railroad train operated by appellant. Upon a trial by jury a verdict for appellee in the amount of $12,000 was returned. Ehetorical paragraph 15 of the complaint upon which the action was based was amended to read as…