NOTICE ; ACTION ; PARTIES ; PLEADING. 633 



line of his employment.^«^ The engineer is Hable over to 

 the company for an injury resulting from his gross negli- 

 gence.^^* In a New York case it was held that the engineer 

 and fireman and the company were all responsible, either 

 jointly or severally, for an injury resulting from negligence in 

 conducting the train.^*'^ 



The question as to liability where the road has been leased 

 or is operated by two companies is one largely dependent 

 on statutory regulations. In Indiana, the corporation own- 

 ing the railroad is liable for damages by another company 

 running trains in its own name, and may be sued alone.^^^ 

 A company is liable for an injury by the train of another 

 company in its exclusive use and possession.^®^ In Missouri, 

 a company running its trains over part of another com- 

 pany's road is liable for killing an animal thereon.^^^ Where 

 two companies jointly operate a given train, either is or both 

 are liable for the value of a horse negligently killed there- 

 ^y 369 jjj NeYV York, all trains permitted by a company are 

 treated as its trains and it is liable even where the engine 

 doing the injury belonged to another company.^^" In 

 Canada a company is liable for an injury by a train of another 

 company to which it had granted running powers over its 

 track.3" 



Where the road has been leased, the lessee operating it 

 in its own name is not liable for killing stock in Indiana;*^" 



"^ Cousins V. Hannibal & St. J. R. Co., 66 Mo. 572; N. Y., T. & M. R. 

 Co. V. Sutherland, 3 Tex. App. (Civ. Cas.) 177. 



'" Chic. & R. I. R. Co. V. Hutchins, 34 HI- 108. 



•°° Suydam v. Moore, 8 Barb. (N. Y.) 3S8. 



'" Indianapolis & M. R. Co. v. Solomon, 23 Ind. 534; Ft. Wayne, M. 

 & C. R. Co. V. Hinebaugh, 43 id. 354. 



'" Huey V. Indianap. & V. R. Co., 45 Ind. 320. 



=* Farley v. St. Louis, K. C. & N. R. Co., 72 Mo. 338. 



"" Moling V. Barnard, 65 Mo. App. 600. 



"' Dolan V. Newburgh, D. & C. R. Co., 120 N. Y. 571. 



'" Can. Pac. R. Co. v. Falardeau, 16 Queb. L. Rep. 298. 



'" Pittsb., C. & St. L. R. Co. V. Hannon, 60 Ind. 417; Cine, H. & Dr R. 

 Co. z'. Bunnell, 61 id. 183. 



