Legal Opinion

Dieckman v. Louisville & Southern Indiana Traction Co.

Indiana Court of Appeals

Decided November 23, 1909No. 6,799PublishedCited by 12 opinions

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

  1. Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
  2. Indiana Railway Co. v. MaurerIndiana Supreme Court · 1903
  3. Chicago & Eastern Illinois Railroad v. BoggsIndiana Supreme Court · 1885
  4. Woolery v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1886
  5. McIntyre v. OrnerIndiana Supreme Court · 1906

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3Cited by12 opinions

  1. Gamble v. LewisIndiana Supreme Court · 1949
  2. Lincoln Operating Co. v. GillisIndiana Supreme Court · 1953
  3. Kempf v. HimselIndiana Court of Appeals · 1951
  4. Jones v. Furlong, Admx.Indiana Court of Appeals · 1951
  5. Cole v. SearfossIndiana Court of Appeals · 1912

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

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