Indianapolis & Vincennes R. R. v. McClaren

The appellee was plaintiff in an action *567against appellant to recover damages against defendant for 'killing William Alger.

The complaint alleged that the deceased was upon a railroad switch belonging to tíre defendant, in the town of Worthington, which switch was not used for the purpose of running the trains into said town, but was used for the purpose of switching off the cars and trains, after the same had been stopped at the depot of said town, and the public used the switch for a footway. While said Alger was on said switch the defendant did, on the 8th day of May, 1871, wilfully,…