Terre Haute & Indianapolis Railroad v. Fowler

Suit by appellee to recover damages for wrongfully causing the death of Eobert P. Fowler.

After formal averments, it is alleged in the complaint that: “For twenty-five years prior to the 1st day of March, 1896, said road was carried over a stream in said Montgomery county, known as Walnut Fork, on a Howe truss-bridge of one span, of about 150 feet between the abutments on the banks of said stream; that the bottom of said bridge was about twenty-five feet above the bed of said stream, which, at that point, consisted of smooth rock in place; that said stream flowed between well defined banks…