Evansville & Terre Haute Railroad v. Marohn

On the 8th day of May, 1890, the appellee was traveling upon a highway in Knox county, Indiana, and, at a point where said highway crossed appellant’s main track, he was struck by the locomotive engine attached to a *647passenger train, and liimsel.f, and his wagon and horses, were injured. He brought this action to recover damages tor the injtiries sustained..

His complaint is in three paragraphs. The gravamen of the first is that the train approached said crossing at an immoderate and dangerous rate of speed, and that appellant’s employes in charge failed and omitted to ring the bell or sound…