56 Ind. App. 654 | Ind. Ct. App. | 1914
Action by appellee to recover damages alleged to have been sustained while a passenger upon one of appellant’s trains. The complaint does not proceed upon a single definite theory as the law requires. Appellee’s theory seems to be that while he was a passenger upon one of appellant’s trains, he was wrongfully ejected therefrom,, for which he asks damages. Appellant’s contention is that the complaint charges that its servants committed an assault and battery upon appellee in forcibly ejecting him from the
Note. — Reported in 105 N. E. 931. See, also, under (1) 31 Cyc. 116; (2) 38 Cyc. 1626.