Smith v. Delano

Plaintiff’s action is based on an assault and battery by one of defendants’ servants. The judgment in the trial court was for plaintiff.

It appears that the Wabash Railway Company was in possession and was being operated by the three defendants as receivers and that, as such, they operated the road as an ordinary common carrier of passengers. The judgment for plaintiff was entered as-though rendered against the defendants individually and this seems not to have been discovered until after defendants’ appeal to this court had been taken and the transcript filed here. When discovered plaintiff…