165 Ind. 659 | Ind. | 1905
This action was. brought by appellant to recover for a personal injury caused by falling over a railroad tie upon appellee’s station grounds. The cause was
Appellant resided at the town of Dayton, and at the time of receiving his injury was returning from a trip to the city of LaEayette. The complaint is in a single paragraph, and alleges that appellant was a passenger over appellee’s road from LaFayette to Dayton, and arrived at his destination after night, and, in going from the depot toward the business part of town, in the darkness, fell over the obstruction and broke his leg. Appellant’s right of action is manifestly founded upon the relation of passenger and carrier, and if that relation did not exist between him and the appellee at the time of the accident there can be no recovery upon the complaint.