40 Ind. App. 480 | Ind. Ct. App. | 1907
The appellee brought this action to recover damages for the death of-jiis decedent, Loren G. Coker, who was a brakeman in the employ of the appellant company, and who was killed in a collision between two freight-' trains. It is claimed in the complaint that the death of Coker was due to the negligence of the appellant Hart, who was a train dispatcher for the appellant company at the time of the accident, and that his negligence consisted in giving wrong telegraphic orders as to the movement of the trains which came into collision. The first paragraph of the complaint, after setting forth that the appellant company operates a railroad extending from St. Louis, Missouri, to Evansville, Indiana, alleges that, for the safety of the public and of its employes, appellant company maintains a dispatcher’s-office in the city of Evansville, which was, at the time of the accident, in charge of the appellant Ira O. Hart as train dispatcher; that as such dispatcher Hart was charged with
Counsel for appellants discussed only three questions — and they are properly reserved — upon which a reversal is asked: (1) The refusal of the court below to remove the cause, to o the United States court; (2.) excessive damages; (3) error in admission of evidence.
Appellant Hart and the witness Becker had testified to the contents of the dispatch sent by Hart to the agent at Mt. Vernon. Witnesses were also permitted to testify as to why thé original dispatch was taken from the book in which it belonged, in the dispatcher’s office, and sent to Louisville, and from there back to Evansville. Appellants had the benefit of'their version of the dispatch.
Some criticism; is made of instructions given and refused.
Appellants ’ request for a peremptory instruction to return a verdict in behalf of appellant Hart was correctly refused.
Judgment affirmed.