Baltimore & Ohio Southwestern Railway Co. v. Little

In the lower court the appellee recovered a judgment for damages alleged to have arisen from the appellant’s negligent killing of John F. Little. The complaint was in four paragraphs, but the cause was submitted to a jury upon the,second paragraph *168only. It would, therefore, be improper to consider the sufficiency of other paragraphs. Robinson v. Dickey, 143 Ind. 205; Marvin v. Sager, 145 Ind. 261. The second paragraph of complaint alleged that Little was a locomotive engineer, in the employ of the appellant, in charge of a locomotive hauling a fast train eastward over the appellant’s road;…