Pennsylvania Co. v. Rusie

With the averment that appellants are a corporation, there are the further averments in the complaint: “That on the twelfth day of September, 1881, the defendant’s servants, wilfully and negligently, and without any fault of the plaintiff, ran the defendant’s train of cars against and upon plaintiff’s mare, in Morgan county, Indiana, whereby she received injuries, from the effects of which she died, to the damage of the plaintiff,” etc.

Counsel for appellant assails the complaint, and argues that it does not charge a wrong upon the railroad company, but upon its servants, without any averment…