Legal Opinion · Dissent

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

Indiana Court of Appeals

Decided May 11, 1906No. 5,409Published

From Franklin Circuit Court; Ferdinand S. Swift, Judge. Action by Albert Loos against tbe Cleveland, Cincinnati, Cbieago & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals.

1Dissent

Dissenting Opinion.

Roby, C. J.

Appellee sued to recover damages on account of the destruction by fire of certain buildings in the town of West Harrison. The complaint was in three paragraphs, and the issue was formed by a general denial; verdict for $1,200 returned with answers to interrogatories; motions by appellant for judgment, notwithstanding the general verdict and for a new trial, overruled and judgment rendered on the verdict.

The fire in question was averred to have been negligently set by sparks from an engine attached to one of appellant’s through passenger-trains, on April 12, 1902.…

2Cases cited15 opinions

  1. Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
  2. City of Goshen v. EnglandIndiana Supreme Court · 1889
  3. Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1888
  4. Lake Erie & Western Railroad v. McFallIndiana Supreme Court · 1905
  5. Grand Rapids & Indiana Railroad v. CoxIndiana Court of Appeals · 1893

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