Toledo, Wabash & Western Railway Co. v. Harmon

Appeal from the Circuit Court of Morgan county; the Hon. Charles D. Hodges, Judge, presiding. This action was in case, to recover for injuries received by Harmon, by the running away of his team, caused by an engineer of the road letting off steam from his engine with a loud noise, just as Harmon was crossing the track. The declaration contained two counts, each charging the steam to have been let off wantonly and maliciously, but one stating that the locomotive was standing still, and the other, that, while moving, the steam was let off. The counts differed, too, as to whether the engineer…