Dieckman v. Louisville & Southern Indiana Traction Co.
Indiana Court of Appeals
From Clark Circuit Court; E. C. Montgomery, Judge. Action by Ella Dieckman, as administratrix of the estate of George W. Dieckman, deceased, against the Louisville and Southern Indiana Traction Company. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRabb, J.
Appellant’s decedent was killed in a collision with one of appellee’s traction cars, while undertaking to cross appellee’s track. This action was brought by appellant to recover damages for the death of her decedent, which *13is alleged to have been occasioned by the negligence of appellee.
The case was pnt at issue, a jury trial had, and at the conclusion of the evidence the court, upon appellee’s motion, gave to the jury a peremptory instruction to return a verdict in favor of appellee. The giving of this instruction presents the only question to be determined by this court.
Appellee maintains…
2Cases cited13 opinions
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Indiana Railway Co. v. MaurerIndiana Supreme Court · 1903
- Chicago & Eastern Illinois Railroad v. BoggsIndiana Supreme Court · 1885
- Woolery v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1886
- McIntyre v. OrnerIndiana Supreme Court · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gamble v. LewisIndiana Supreme Court · 1949
- Lincoln Operating Co. v. GillisIndiana Supreme Court · 1953
- Kempf v. HimselIndiana Court of Appeals · 1951
- Jones v. Furlong, Admx.Indiana Court of Appeals · 1951
- Cole v. SearfossIndiana Court of Appeals · 1912
7 more not listed; retrieve them via the Exa API.