Indiana Supreme Court October 31, 1893, No. 16,308 (Louisville, New Albany & Chicago Railway Co. v. Berkey)

Dailey, J.

This case rests substantially on the following facts:

The appellee’s intestate, Hays, was in appellant’s employ as a brakeman. On the 16th day of August, 1890, a train crew consisting of John Smith, engineer; a fireman, whose name is not furnished us; David Welch, conductor; Granville Hays and Melville Hays, brakemen, took a through freight train of appellant, at Bloomington, Indiana,