Terre Haute & Indianapolis Railroad v. Jackson

The questions presented for decision in this case arise upon the overruling of the appellant’s motion for a new trial.

The action was for injuries alleged to have been sustained by the appellee whilst a passenger upon a train of the appellant. The particular injury charged was the throwing of a jet of water from a water tank upon the appellee, it being alleged in one paragraph of the complaint that it was done wrongfully and purposely by the servants of the defendant in charge of the train, and in a second paragraph, that it was done carelessly and negligently.

After reviewing the evidence,…