Fabel v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Indiana Court of Appeals
Prom Marion Circuit Court; H. C. Allen, Judge. Action by Gustave Pabel against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company for the death of his son. Prom a judgment for defendant on demurrer to complaint, plaintiff appeals.
1Opinion of the CourtWiley, J.
Appellant was plaintiff below. A demurrer was sustained to his complaint, and he suffered judgment thereon. He assigns as error the ruling upon the demurrer.
The complaint avers that appellant was the father of one George Pabel, who was eighteen years old; that he had never been emancipated; and that appellant was at all times/ re*269sponsible for his support and maintenance. It is further charged that said George Eabel was in the employment of appellee as a brakeman, and whilé so engaged, and in the line of his duty, and without fault or negligence on his part, he was, by the carelessness and…
2Cases cited17 opinions
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Wooden v. West. N. Y. & Penn. RailroadNew York Court of Appeals · 1891
- Usher v. West Jersey R.Supreme Court of Pennsylvania · 1889
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3Cited by5 opinions
- Armbruster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Harshman v. Northern Pacific Railway Co.North Dakota Supreme Court · 1905
- L. T. Dickason Coal Co. v. LiddilIndiana Court of Appeals · 1911
- Baltimore & Ohio Southwestern Railroad v. GillardIndiana Court of Appeals · 1904
- Drury v. KrogmanIndiana Court of Appeals · 1918