Griswold v. Gardner

In Paragraph 8 of the complaint plaintiff averred that defendant had been guilty of one or more of the following acts of negligence which directly caused injury to plaintiff’s intestate; that it negligently, (a), caused certain cars to run into deceased; (b), failed to give sufficient notice and warning of the approach of the cars; (c), and caused the cars to be propelled without lights or signal or without a man riding on the head end while plaintiff’s intestate was in the performance of his duties on or near the track. Plaintiff did not charge that defendant had violated its duty to furnish…