Toledo, Wabash & Western R. W. Co. v. Wright

This was a suit by the appellee against the appellant, as a common carrier of passengers over its railroad, for hire, to recover damages for certain alleged breaches of its duty, as such common carrier. There were three paragraphs in the appellee’s complaint, in each of which there was a general statement that at the date mentioned, and between the places named therein, the appellant was such common carrier of passengers for hire over its line of railway.

In the first paragraph of his complaint, the appellee alleged, in substance, that, on the 21st day of August, 1873, he entered one of the…