54 Ind. App. 11 | Ind. | 1913
Action by appellee against appellant to recover damages for the death of her husband, Rufus L. Quinn, alleged to have been caused by the latter’s negligence. The
The errors assigned and argued by appellant are the overruling of its demurrer to the fourth paragraph of complaint and the overruling of its motion for a new trial.
The allegations of the fourth paragraph of complaint are substantially as follows: That appellee, Bertha L. Quinn is the administratrix of the estate of Rufus L. Quinn, deceased, appointed September 26, 1908; that appellant is a corporation operating a railroad through Yigo County in the State of Indiana, engaged in the business of carrying passengers and freight for hire; that appellant operated its railroad and controlled its cars, engines and trains by means of what is known as the “block system,” that is, its railroad was divided into blocks with a block station, block signal system and a telegraph station and office at either end of said blocks; that each of the block stations and telegraph offices was in charge of and operated by signalmen and telegraph operators, who were employes of appellant. By appellant’s rules and regulations then in force, in the
Note.—Reported in 101 N. E. 406. See, also, under (1) 26 Cyc. 1386; (2) 26 Cyc. 1389, (7) 26 Cyc. 1482; (8) 26 Cyc. 1460; (10) 26 Cyc. 1455. As to tlie question of contributory negligence being one for the jury, see 8 Am. St. 849. As to the liability of a railroad company for injuries received by servants owing to want of blocking at switches, see 16 L. R. A. (N. S.) 715.