Cavanaugh v. Toledo, Wabash, & Western Railway Co.

The appellant, as administrator of the estate of Edward Riley, deceased, sufed the appellee to recover damages for the wrongful and negligent acts of appellee, which ■ caused the death of appellant’s intestate.

The appellee answered by the general denial and an affirmative paragraph, in which it was averred, that the death of the decedent was caused by his own wrongful and negligent conduct. The cause was continued several times by agreement. At the April term, 1873, the appellant required the appellee to continue at her costs. At the September term, 1873, the appellee had the appellant…