Illinois Central Railroad v. Ross

This was an action of trespass, brought by appellee against appellant and John Tucker. The declaration as originally filed contained three counts, charging that said Tucker, and the company by him as its flagman, at the crossing of its road and Jefferson street in Bloomington, in -removing the plaintiff from its tracks and right of way at or near said crossing, maliciously assaulted and beat him. It alleged, in general terms, that plaintiff was “ trespassing ” on the company’s grounds, and that Tucker, in removing him, was acting in the line of his employment, but neither of the counts…