27 Ind. 59 | Ind. | 1866
This was an action by the appellee against the appellant. The complaint alleged that while he was traveling on the cars of the appellant, as a passenger, and
The defendant answered, that the train on which the appellee was at the time of the injury, was a passenger train; that on all the passenger cars, printed notices that “passengers are forbid standing on the platform,” were, and always had been, posted; that the appellee, for five yeai’s, had been in the habit of riding in the passenger cars of the appellant, where such notices were so posted in conspicuous places, and had notice of such regulation; that at the time of said accident, he was riding upon the platform of one of the passenger ears, and not in the car; that said platform was, and always is, a dangerous place; that at the time of said accident, said appellee was on said platform, and immediately before said accident had been sitting on the break on said platform, against the will of said appellant; wherefore the appellant says that whatever injury the appellee sustained was the result of his own carelessness and wrong in being in an improper and dangerous place at the time said accident occurred, and from which the injuries complained of resulted.”
The appellee replied, averring that there was no room furnished inside of defendant’s passenger cars, sufficient for the proper accommodation of its passengers, at the time said injuries complained of took place.
A demurrer to this reply was overruled, and this presents the only question for our determination. It will be observed that the answer does not allege, as a matter of fact, that the appellee was injured by reason of his position on the platform of the car, but simply avers that he was informed of the rule prohibiting passengers from sitting on the platform; that he was on the platform at the time of the accident, and that the platform was always a dangerous place. These are all the facts alleged, and from these facts the appellant concludes that the position of the appellee caused his injury. This conclusion, of course, adds nothing to the answer. The complaint avers that the appellee was
A brief for a supersedeas was filed by tbe appellant. No brief was filed for the appellee.
Tbe judgment-is affirmed, with one-eighth of onepercent. damages and costs.