Ivens v. Cincinnati, Wabash & Michigan Railway Co.

Appellant was injured in a collision with one of appellee’s trains, and brought this action to recover damages. A demurrer was sustained to the second paragraph of his complaint. That ruling presents the only question for decision here. In the formal part of the paragraph, it is charged that appellee, by its agents and servants, wrongfully, negligently, carelessly, wilfully and purposely, ran one of its trains upon appellant, and wounded and crippled him, without any negligence on his part. Immediately following this is the averment, “which injury was done and caused as follows : ” (Here…