Fisher v. Louisville, New Albany & Chicago Railway Co.

Appellant brought this action to recover damages for the death of Benjamin Fisher, an employe of appellee, who was killed by one of appellee’s trains.

The complaint is in two paragraphs. The first paragraph alleges that the death was caused by the negligence of appellee and without.the fault of the decedent.

The second paragraph charges that appellee willfully and purposely killed the decedent. The jury returned a special verdict, and appellant moved for a judgment in his favor, which was overruled and judgment rendered in favor of appellee.

The special verdict, so far as necessary to the…