35 Ind. App. 58 | Ind. Ct. App. | 1905
In that portion of the brief for the appellant in which it is sought to comply with the requirement of rule twenty-two of this court that the brief of appellant shall contain a short and clear statement disclosing the errors relied on for a reversal, the only supposed errors which it is sought to indicate, to which subsequent portions of the brief apply in conformity with other parts of the same rule, are the action of the court in overruling the appellant’s demurrer to the appellee’s amended complaint, and in overruling the appellant’s motion for a new trial; and to such supposed errors we, therefore, will confine our attention.
In the amended complaint, after preliminary averments, it was alleged that November 29, 1902, the appellee was night-watchman in the town of Erancisville; that on the west side of appellant’s track there then was, and for a long period had been, a hotel, run for and used by the traveling public, and on the east side of the appellant’s track in that town was the appellant’s passenger and freight depot, and in front of the depot was a platform used by the appellant and by passengers alighting from and getting upon trains of the appellant; that before that date the appellee, in the night-time, notified persons stopping at the hotel who wished to go on any of the trains that would or did carry passengers from the depot, of the arrival of such trains; that on the night of that date there was a train going south on appellant’s road due there at 9:40 o’clock; that on that night this train was late, and did not arrive at the station until about 12 o’clock; that appellee heard the train coming, and signalled it to stop at the station, and thereafter he went from the east side of the appellant’s track to the west side, to notify persons at the hotel, who desired to go on the train, that it was coming; that he then returned
There were other faults in the instructions given indicative of want of due care in their preparation, faults which, perhaps, will not occur upon another trial of the cause, and which do not seem to demand further discussion here.
Judgment reversed, and cause remanded for a new trial.