English v. Wabash Railway Co.

This case, recently reassigned to the writer, is an action for damages for personal injuries. Plaintiff was struck by a train while walking on the Wabash tracks. Plaintiff had a verdict for $20,000, against both the Railway Company and its engineer, from which they have appealed. Plaintiff died after judgment, and the cause has been revived in the name of his executrix, but we will refer herein to plaintiff, in our statement of facts, meaning the original plaintiff.

Defendant assigns as error the overruling of its demurrer to the evidence at the close of the case. We, therefore, state the…