Hathaway v. Toledo, Wabash, & Western Railway Co.

This action was brought by the appellant against the appellee, to recover for an injury caused by a locomotive and freight train running over her, and so crushing one of her legs that it had to be amputated, etc. The injuries, it is alleged, were caused by the negligence and wilful misconduct of the agents and servants of the defendant in charge of the train. The action was commenced in Carroll county, but in consequence of a change of venue was tried in White county.

The defendant pleaded the general denial, and also two-special paragraphs.

A demurrer to the special paragraphs was overruled by…