Legal Opinion

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

Indiana Court of Appeals

Decided November 6, 1914No. 7,908PublishedCited by 33 opinions

From Ripley Circuit Court; F. M. Thompson, Judge. Action by Mary A. Starks, administratrix of tbe estate of Francis Starks, deceased, against The Cleveland, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtCaldwell, J.

This is the second appeal in this case. In an appeal taken from a former judgment rendered in favor of appellee, the judgment was reversed on an erroneous instruction, and a new trial ordered. Cleveland, etc., R. Co. v. Starks (1910), 174 Ind. 345, 92 N. E. 54. On the second trial, appellee again recovered judgment, from which this *345appeal is taken. The cause was submitted to the jury on issues of fact formed by a general denial to the second, third and fourth paragraphs of complaint charging appellant with negligently causing the death of appellee’s intestate, and a fifth paragraph charging…

2Cases cited69 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. ShiederTexas Supreme Court · 1895
  2. Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
  3. Deal v. StateIndiana Supreme Court · 1895
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
  5. Hinshaw v. StateIndiana Supreme Court · 1897

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3Cited by33 opinions

  1. Indian Creek Coal & Mining Co. v. CalvertIndiana Court of Appeals · 1918
  2. McKee v. Mutual Life Ins. Co. of New YorkIndiana Supreme Court · 1943
  3. United States Fidelity & Guaranty Co. v. McCarthyCourt of Appeals for the Eighth Circuit · 1929
  4. Indianapolis Railways, Inc. v. WilliamsIndiana Court of Appeals · 1945
  5. Lake Erie & Western Railroad v. HowarthIndiana Court of Appeals · 1919

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