Chicago, Rock Island & Pacific Railway Co. v. Reardon

The opinion of the court was delivered by

Garver, J. :

This was an action to recover damages for a personal injury to the plaintiff, alleged to have been'caused by the negligence of the defendant. The allegations of the petition showing negligence are as follows:

‘ ‘ That while the plaintiff was riding a mule along and upon a certain public highway near the town of Muncie, in said county, and at a point on said highway within about .25 feet of the track of said railway, and near the said moving engine and cars, the engineer in charge of said locomotive, wantonly, recklessly and negligently, and…