Legal Opinion

Indianapolis Traction & Terminal Co. v. Isgrig

Indiana Supreme Court

Decided February 6, 1914No. 22,504PublishedCited by 7 opinions

Prom Hamilton Circuit Court; Meade Vestal, Judge. Action by Sallie Isgrig, administratrix of the estate of William E. Isgrig, deceased, against the Indianapolis Traction and Terminal Company. Prom a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)

1Opinion of the CourtErwin, J.

This was an action against appellant for negligence in causing the death of appellee’s decedent, begun in the Marion Superior Court, and by reason of changes of venue was tried in the Hamilton Circuit Court where a verdict was returned for appellee for $5,000.

The assignment of errors presents two questions: (1) The sustaining of a demurrer to appellant’s second paragraph of answer; (2) the overruling of the motion for a new trial.

The second paragraph of answer seeks to avoid liability on the part of the appellant by reason of the alleged fact, that appellee was riding on a pass, given him by…

2Cases cited16 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
  3. Pomeroy v. BeachIndiana Supreme Court · 1898
  4. Quimby v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1890
  5. Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1896

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3Cited by7 opinions

  1. Stephenson v. StateIndiana Supreme Court · 1932
  2. Blair v. GreeneSupreme Court of Alabama · 1945
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Woodbury Glass Co.Indiana Court of Appeals · 1918
  4. Rowley v. PogueIndiana Supreme Court · 1931
  5. Clark v. Southern Railway Co.Indiana Court of Appeals · 1918

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