Illinois Central R. R. v. J. L. Fulton Co.

Appellee’s demurrer to the declaration was sustained, it is said, upon the theory that no recovery could be had by appellant under the clause of the contract in controversy because the declaration does not affirmatively aver that the injury for which appellee’s employe recovered damages was not inflicted by appellant’s own negligence; that if it was inflicted by the negligence of the railroad company the latter can not recover from appellee the damages it has had to pay for injuries so caused; that to entitle appellant to maintain its action the declaration must allege the injury to have been…