Legal Opinion

Louisville & Nashville Railroad v. Gillen

Indiana Supreme Court

Decided March 16, 1906No. 20,345PublishedCited by 4 opinions

Erom Superior Court of Vanderburgh County; John H. Foster, Judge. Action by Henry Gillen against the Louisville & Nashville Railroad Company. Erom a judgment on a verdict for plaintiff for $5,000, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.

1Opinion of the CourtMontgomery, J.

—This action was brought by appellee to recover damages for a personal injury received while in appellant’s employ.

It is alleged that the court below erred in overruling (1) appellant’s" demurrer to the first paragraph of com*322plaint, (2) its demurrer to the second paragraph of complaint, and (3) its motion for a new trial.

The sufficiency of the first paragraph of complaint is not seriously questioned, and no- error was committed in overruling appellant’s demurrer to the same.

The substantial averments of the second paragraph of complaint are as follows: The appellant on January 3, 1902, owned…

2Cases cited14 opinions

  1. McCarthy v. TimminsMassachusetts Supreme Judicial Court · 1901
  2. Stephenson v. Southern Pacific Co.California Supreme Court · 1892
  3. Goodloe v. Memphis & Charleston RailroadSupreme Court of Alabama · 1894
  4. Canton Cotton Warehouse Co. v. PoolMississippi Supreme Court · 1900
  5. Walker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1894

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Gomez v. AdamsIndiana Court of Appeals · 1984
  2. Princeton Coal Co. v. DowdleIndiana Supreme Court · 1924
  3. William Roberson v. Bethlehem Steel CorporationCourt of Appeals for the Seventh Circuit · 1990
  4. City of Indianapolis v. WestIndiana Court of Appeals · 2017

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