Legal Opinion

Stars v. Hammersmith

Indiana Court of Appeals

Decided May 26, 1903No. 4,446Published

From Clark Circuit Court; J. K. Marsh, Judge. Action by William Stars against Louis Hammersmith and others. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtWiley, J.

Appellant sued appellees to recover damages for personal injuries alleged to have been sustained while he was in their employment as a servant. In his amended complaint he avers that his injuries were occasioned by the carelessness, etc., of a co-employe, whom appellees knew was inexperienced, etc., and that appellant was ignorant thereof. Upon motion of appellees, and by order of court, *611appellant’s examination was taken under §517 Burns 1901. This examination was duly filed and published. Appellee thereupon filed their motion to strike out the amended complaint on the ground that it was…

2Cases cited4 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. FrazeIndiana Supreme Court · 1898
  2. Moyer v. BrandIndiana Supreme Court · 1885
  3. Lowe v. ThompsonIndiana Supreme Court · 1882
  4. Beeson v. McConnahaIndiana Supreme Court · 1859

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