Ohio & Mississippi Railway Co. v. Levy

The appellee alleges in her complaint that she was injured by falling into a ditch adjoining the appellant’s track in the city of North Vernon; that her injury was attributable to the negligence of the appellant, and that there was no contributory negligence on her part. The course of the argument pursued renders it unnecessary for us to do more than give an outline of the complaint.

*344There is no substantial merit in counsel’s contention that the plaintiff is required, in an action to recover for injuries caused by falling into an unguarded excavation, to aver that he was ignorant of the…