Campbell v. Indianapolis & Northwestern Traction Co.
Indiana Court of Appeals
Erom Boone Circuit Court; Samuel R. Artman, Judge. Action by Wilber Campbell, by bis next friend Eobert M. Campbell, against tbe Indianapolis and Northwestern Traction Company. Erom a judgment for defendant, plaintiff appeals.
1Opinion of the CourtMyers, J.
By this action appellant sought to recover from appellee the value of a horse injured by falling into a bridge on the line of appellant’s railroad.
The complaint, as amended, consisted of four paragraphs. The first and third proceed upon the theory of negligence; the second, under the statute (§5312 Burns 1901, §4025 E. S. 1881) ; the fourth, an intentional and wilful injury. The demurrer for want of facts was sustained to the first and third paragraphs, and overruled as to the second and fourth. Answer in denial. Trial by *68jury. Peremptory instruction directing the jury to find for appellee…
2Cases cited34 opinions
- Board of Commissioners v. ConnerIndiana Supreme Court · 1900
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GainesIndiana Supreme Court · 1885
- Jeffersonville, Madison & Indianapolis Railroad v. DunlapIndiana Supreme Court · 1868
- Klenberg v. RussellIndiana Supreme Court · 1890
- Jeffersonville, Madison & Indianapolis Railroad v. DunlapIndiana Supreme Court · 1887
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3Cited by3 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. VanceIndiana Court of Appeals · 1915
- Chicago & Erie Railroad v. LeiterIndiana Court of Appeals · 1915
- Grand Trunk Western Railroad v. PorterIndiana Court of Appeals · 1912