Indianapolis, Bloomington, & Western R. W. Co. v. McBrown

The assignments of error call in question the action of the court in overruling the demurrer to the amended complaint and the motion for a new trial. The allegations of the complaint were fully proved upon the trial. The verdict of the jury was fully supported by the evidence. The ■only question for our decision is, whether, upon the facts averred in the complaint, the appellant is liable.

The amended or substituted complaint, omitting the for¡mal parts, is as follows:

“ Elam S. McBrown, the above named plaintiff complains of ■the Indianapolis, Bloomington, and Western Railway Com;pany,…