56 Ind. App. 598 | Ind. Ct. App. | 1914
The allegations as to the negligence of the Pittsburgh company, above quoted directly, are not conclusions, but statements of the fact, that appellant, Pittsburgh company, failed in any manner to protect the car. It is difficult to conceive how appellee could have made his complaint more specific. He had alleged specific facts showing a duty to protect him, and a failure in any manner to perform such duty, and the manner of receiving his injury arising from such failure to protect. This was sufficient to show in what appellant Pittsburgh company’s negligence consisted. He was not required to plead the manner in which he might have been protected. The averments of negligence are not conclusions, but averments of fact, and are sufficiently specific. The court did not err in overruling the motion to make more specific.
It is next urged that the motion of appellant Pittsburgh company for judgment on the answers to interrogatories should have been sustained. These answers show the location in the Union Station at Indianapolis of the side track on which the car in question was placed west of Meridian Street by appellant Pittsburgh company, and that this company had for four or five years before the accident occupied the portion of the side track on which its mail car stood when the collision occurred, whenever its mail car was at the Union Station, and had a right to have the mail car occupy such part of the track; that defendant Vandalia Railroad Company was engaged in switching cars east of the Union Station on a track with which the side track was connected, and while so engaged ran a Pullman car in on the side track and permitted it to roll westwardly along the track until it crossed Meridian Street and came into collision with the mail car; that the mail car was occupying the proper position on the side track when the collision occurred,
There is evidence sufficient to sustain the verdict as to both appellants, upon the theory of the complaint. Judgment affirmed.
Note. — Reported in 105 N. E. 921. As to mail clerks as passengers under the law of carriers, see 61 Am. St. 99. As to the duty and liability of a carrier of passengers to a postal clerk, see 6 Ann. Cas. 863; 11 Ann. Cas. 882; 3 L. R. A. (N. S.) 218; 26 L. R. A. (N. S.) 1058. See, also, under (1) 6 Cyc. 626; (2) 38 Cyc. 1927; (3) 13 Cyc. 70; (5) 38 Cyc. 1623.