Tippecanoe Loan & Trust Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.

On Petition for Rehearing.

Laiby, J.

The original opinion in this case announces the proposition that, in charging the violation of a duty in a negligence case it is sufficient as a matter of pleading, to allege that an act was negligently done or negligently omitted, without stating the conditions under which the act was done or omitted or the circumstances which attended it. The opinion further holds that the conditions and circumstances under which an act was done or omitted may be proved at the trial as evidentiary facts to be considered by the jury in deciding whether ordinary care…