Louisville, Evansville & St. Louis Consolidated R. R. v. Hawthorn

This is an action on the case, by appellee, against appellant,, in the circuit court of Marion county, to recover damages for a personal injury. The first four counts of the declaration aver, in substance, that the plaintiff, being employed by the defendant, with others, working under a foreman, to construct fences along its right of way, while attempting to get upon a car in a freight train of the defendant in charge of its employes, for the purpose of distributing fence posts from said car, as ordered to do by his foreman, through the negligence of the engineer in charge of the locomotive…