Legal Opinion

Bennett v. Evansville & Terre Haute Railway Co.

Indiana Court of Appeals

Decided June 23, 1911No. 7,628Published

Prom Greene Circuit Court; Charles E. Henderson, Judge. Action by Lula Bennett, as administratrix of tb© estate of Emery G. Bennett, deceased, against the Evansville and Terre Haute Railway Company and another. Prom a judgment for defendants, plaintiff appeals. (For final decision, see — Ind. —.)

1Opinion of the CourtIbach, J.

Suit by appellant, as administratrix, to recover damages for the death of Emery C. Bennett, which occurred, it is alleged, by reason of the negligence of appellees. Each appellee filed a separate demurrer to the complaint, which demurrers were sustained. Appellant declined to plead further, and judgment was rendered for appellees.

The sole question arising on this appeal is the sufficiency of the complaint, as the only error assigned is in sustaining the demurrers.

1. The complaint is long and verbose. Following is a brief summary of the facts averred: That Bennett was employed by defendant…

2Cases cited5 opinions

  1. Louisville & Nashville Railroad v. MeltonSupreme Court of the United States · 1910
  2. Indianapolis Traction & Terminal Co. v. KinneyIndiana Supreme Court · 1908
  3. Indianapolis Street Railway Co. v. KaneIndiana Supreme Court · 1907
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. FolandIndiana Supreme Court · 1910
  5. Richey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1911

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