Erie R. v. Reigherd

RICHARDS, Circuit Judge.

Action in tort. The petition averred that the defendant company was a common carrier of passengers; that the plaintiff, while a passenger upon one of its cars in a train standing in its station at Cleveland, Ohio, was assaulted and beaten by one of its employés, a certain special railway detective, and violently ejected from said car with great force, by which he sustained injuries, etc. A second cause of action was in these words;

“Plaintiff: for his second cause of action incorporates above first cause of action as fully as if same were herein rewritten, and further…