Legal Opinion

Henry v. Claffey

Indiana Supreme Court

Decided April 30, 1920No. 23,382PublishedCited by 7 opinions

From Marion Circuit Court (28,021); Louis B. Ewbank, Judge. Action by Frederick W. Claffey against Charles L. Henry, receiver of the Indianapolis and Cincinnati Traction Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtLairy, J.

Appellee recovered a judgment in the sum of $10,000 for personal injuries against appellant as receiver.

Appellant assigns as error in this court the action of the trial court in overruling the demurrer addressed to the first paragraph of amended complaint, and also in overruling appellant’s motion for a new trial.

There is no merit in the first assignment of error. As against the objections presented by the first three specifications of the memorandum attached to the demurrer, the complaint is clearly sufficient under many decisions of this court. Pittsburgh, etc., R. Co. v. Arnott, Admx.…

2Cases cited13 opinions

  1. Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
  2. Texas Pacific Railway Co. v. JohnsonTexas Supreme Court · 1890
  3. McNulta v. EnschIllinois Supreme Court · 1890
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ArnottIndiana Supreme Court · 1920
  5. Hanlon v. SmithDistrict Court, N.D. Iowa · 1909

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3Cited by7 opinions

  1. Sherr v. WinklerCourt of Appeals for the Tenth Circuit · 1977
  2. Sherr v. WinklerCourt of Appeals for the Tenth Circuit · 1977
  3. Wood v. CominsMassachusetts Supreme Judicial Court · 1939
  4. Miller v. EverestSupreme Court of Iowa · 1973
  5. Rich v. FIDELITY TRUST CO., ETC.Indiana Court of Appeals · 1965

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