Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Browning
Indiana Court of Appeals
From Bartholomew Circuit Court; F. T. Fiord, Judge. Action by Vincent F. Browning against the Pittsburgh, Cincinnati, Chicago & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRoby, P. J.
Action to recover damages on account of personal injuries caused by a collision at a railroad crossing. Trial, verdict and judgment for plaintiff for $1,600,
*91The errors argued are that the court erred in overruling a demurrer to the complaint, a motion for judgment on answers to interrogatories returned by the jury with the general verdict, and a motion for a new trial; the ground relied upon in the latter being that the verdict is not sustained by the evidence.
1. It was not necessary to negative contributory negligence in the complaint. Contributory negligence does not appear affirmatively…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railway Co. v. McIntoshIndiana Supreme Court · 1894
- Magee v. OvershinerIndiana Supreme Court · 1898
- Chicago & Calumet Terminal Railway Co. v. Whiting, Hammond & East Chicago Street Railway Co.Indiana Supreme Court · 1894
3Cited by7 opinions
- Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912
- Evansville & Southern Indiana Traction Co. v. Evansville Belt Railway Co.Indiana Court of Appeals · 1909
- Indianapolis Traction & Terminal Co. v. RomansIndiana Court of Appeals · 1907
- Risque's Administrator v. Chesapeake & Ohio Railway Co.Supreme Court of Virginia · 1905
- Baltimore & Ohio Southwestern Railroad v. Cincinnati, Lawrenceburg & Aurora Electric Street RailroadIndiana Court of Appeals · 1912
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