Evansville & Terre Haute Railroad v. McKee

Elliott, J. —

The complaint of the appellee contains, among others, the following allegations:

“ Plaintiff further says that the defendant Dwyer was at the day aforesaid, and for more than a year prior thereto had been, the agent and employee of said railroad company for the purpose of detecting, arresting and prosecuting all persons whp should, in any way, unlawfully obstruct the railroad aforesaid in said county. That on the — day of November, 1882, the railroad track aforesaid was obstructed by some person or persons unknown to this plaintiff, and without his knowledge, direction or consent,…