Toledo, St. Louis & Western Railroad v. Beery
Indiana Court of Appeals
From Allen Circuit Court; Edward O’Rourke, Juclge. Action' by Daniel W. Beery and another against the Toledo, St. Louis & Western Eailroad Company. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtRobinson, C. J.
Suit by appellees for damages for injury to a car load of horses. A demurrer to the complaint “for the reason that said complaint does not state a cause of action” was overruled. This ruling is the first error assigned.
It is suggested by counsel for appellees that the demurrer is not in form as the statute requires. But we think it sufficient to question the complaint under the fifth statutory cause for demurrer. The form used could not reasonably be said to come within any of the other statutory causes for a demurrer. Demurrers have been held sufficient in form where a demurrer to several…
2Cases cited21 opinions
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
- Pennsylvania Co. v. HensilIndiana Supreme Court · 1880
- Pine Civil Township v. Huber Manufacturing Co.Indiana Supreme Court · 1882
- Ross v. MenefeeIndiana Supreme Court · 1890
- Baltimore & Ohio Southwestern Railway Co. v. YoungIndiana Supreme Court · 1896
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3Cited by7 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Chicago & Western Indiana Railroad v. MarshallIndiana Court of Appeals · 1905
- City of Hammond v. WinslowIndiana Court of Appeals · 1904
- U. P. R. R. Co. v. SpanoSupreme Court of Colorado · 1936
2 more not listed; retrieve them via the Exa API.