Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Bergschicker

Indiana Supreme Court

Decided February 3, 1904No. 20,257PublishedCited by 16 opinions

From Henry Circuit Court; W. O. Barnard, Judge. Action by John W. Bergschicker against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court, under §1337u Burns 1901.

1Opinion of the CourtGillett, C. J.

Appellee, who was a locomotive fireman, brought this action to recover for injuries sustained in having his legs crushed between the roof of the cab of a locomotive and a steel apron which was being used to guide coal from a coal chuts into the tender of said locomotive. The injury occurred on the 19th day of December, 1898. There was a verdict and judgment for appellee.

The first question in the case relates to the statute of limitations. The action was instituted on the 25th of January, 1900. There were originally two paragraphs of complaint. A demurrer was sustained to the first of said…

2Cases cited10 opinions

  1. Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
  2. Indianapolis Union Railway Co. v. HoulihanIndiana Supreme Court · 1901
  3. Nichols v. StateIndiana Supreme Court · 1891
  4. Thacker v. Chicago, Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1902
  5. Chicago, St. Louis & Pittsburgh Railroad v. BillsIndiana Supreme Court · 1889

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3Cited by16 opinions

  1. Chicago & Erie Railroad v. DiniusIndiana Supreme Court · 1913
  2. Laporte Carriage Co. v. SullenderIndiana Supreme Court · 1905
  3. State, ex rel. Beard v. JacksonIndiana Supreme Court · 1907
  4. Fort Wayne Iron & Steel Co. v. ParsellIndiana Court of Appeals · 1911
  5. Indiana Union Traction Co. v. PringIndiana Court of Appeals · 1911

11 more not listed; retrieve them via the Exa API.

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