Boston v. Chesapeake & Ohio Railway Co.

The appellant filed this action against appellee to recover damages claimed to have been caused by the negligent acts of the appellee in backing a cut of railway cars across Brady Street in the City of Muncie, Indiana.

The complaint alleged that plaintiff looked both ways before proceeding over the crossing and that he heard no warning and saw no train approaching, but that while crossing the plaintiff was suddenly struck by the railroad cars being backed up by said defendant in a westerly direction.

There are then alleged five distinct acts of negligence, to-wit:(a) Failure to have or display…