Cleveland, Columbus, Cincinnati & Indianapolis R. W. Co. v. Bowen

— This was a suit by Cornelius Bowen, administrator of the estate of Edward Bowen, deceased, *479against the Cleveland, Columbus, Cincinnati and Indianapolis Railway Company, for causing the death of the said Edward Bowen.

The complaint charged that the decedent was acting as a brakeman on one of the defendant’s trains, and that, by reason of the negligent and improper construction of a culvert, a poi’tion of the defendant’s road-bed was washed out, making a large gap into which the train was precipitated, thereby killing him, the decedent, while on duty as such brakeman.

A 'jury to which the cause…