Legal Opinion

Evansville & Southern Indiana Traction Co v. Johnson

Indiana Supreme Court

Decided January 26, 1912No. 7,366PublishedCited by 14 opinions

From Vanderburgh. Circuit Court; C. A. DeBruler, Judge. Action by David Johnson against the Evansville and Southern Indiana Traction Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, P. J.

1. 2. Appellee recovered judgment below for personal injuries occasioned by a wagon, which he was driving, having been struck at a street crossing by appellant’s street car. Appellant claims that the complaint is not sufficient to state a cause of action, or to withstand demurrer, urging that it undertakes to charge appellant with negligence in running its car at a high and dangerous rate of speed, and in failing to give any signals or warnings of its approach, but the averment in the pleading, as to speed, is that the car was running at a high and dangerous rate of speed as it approached the…

2Cases cited17 opinions

  1. Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
  2. Shields v. StateIndiana Supreme Court · 1897
  3. Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
  4. Siberry v. StateIndiana Supreme Court · 1895
  5. Roush v. RoushIndiana Supreme Court · 1900

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

3Cited by14 opinions

  1. Terre Haute, Indianapolis & Eastern Traction Co. v. StevensonIndiana Supreme Court · 1919
  2. Herrick v. Washington Water Power Co.Washington Supreme Court · 1913
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Van LaninghamIndiana Court of Appeals · 1912
  4. Chesapeake & Ohio Railway Co. v. WilliamsIndiana Court of Appeals · 1943
  5. Kocher v. StateIndiana Supreme Court · 1920

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

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