Legal Opinion · Dissent

Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. Ferrell

Indiana Court of Appeals

Decided October 26, 1906No. 5,553Published

From Johnson Circuit Court; W. J. Buckingham,, Judge. Action by John C. Ferrell, by his next friend, against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. From a judgment on a verdict for plaintiff for $900, defendant appeals.

1Dissent

Dissenting Opinion.

Roby, J.

This is an action for damages on account of personal injuries averred to have been wilfully inflicted upon appellee by the appellant. The cause was tried upon the second paragraph of complaint, a demurrer to the first paragraph having been sustained. The issue was formed by a general denial. Trial by jury, verdict for $900, motion for new trial overruled, and judgment on verdict from which this appeal is taken.

' The action of the court in overruling a demurrer, for want of facts, to the second paragraph of complaint, is assigned as error. The pleading is…

2Cases cited85 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
  3. Commonwealth v. PierceMassachusetts Supreme Judicial Court · 1884
  4. Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
  5. Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890

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