Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Miller

Appellee’s intestate, Dr. Joseph H. Baker, of the age of thirty-nine years, on the 16th day of December, 1893, was killed as he was in. the act of passing over appellant’s railroad track at the crossing of a public highway in the country, in Tippecanoe county, Indiana, by reason of. one of appellant’s engines, to which a caboose was attached, colliding at *492said crossing with the buggy in which Baker was riding. The complaint originally was in three paragraphs; the first proceeded upon the theory that the injury which caused the death of the deceased was willfully and purposely inflicted by…