Chicago & Eastern Illinois Railway Co. v. Hix

Appellee instituted this action to recover' damages of appellant by reason of its alleged negligence. This appeal is only concerned with one of the assigned errors: the overruling of appellant’s motion for a new trial, and the two causes named therein, viz., the verdict of the jury is not sustained by sufficient evidence, and the verdict is contrary to law.

The complaint alleged that appellant in the operation of its train violated the provisions of Acts 1881 (Spec. Sess.) p. 590, §13038 Burns 1926, in that the servants of appellant did not, when the engine was not less than 80 nor more than…