Erie Railroad v. Hipskind
Indiana Supreme Court
From Wabash Circuit Court; A. H. Plummer, Judge. Action by Al F. Hipskind against the Erie Railroad Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtErwin, J.
— Appellee was a contractor for a sewer in the city of Wabash, and on June 11, 1912, ordered a carload of sewer tile from Akron, Ohio, for use in said sewer. Appellant undertook to carry said car so loaded with tile over its line and the Big Four Railroad to Wabash, via Bolivar, a junction with the Big Four Railroad, and in so doing the same was delayed in transit and was not delivered until July 2, 1912, and this suit was instituted to recover damages by reason of the excavation caving in on account of heavy rains falling after a reasonable time had elapsed for the delivery of said tile. The…
2Cases cited3 opinions
- Marion State Bank v. GossettIndiana Supreme Court · 1911
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MitchellIndiana Supreme Court · 1910
- Hann v. StateIndiana Supreme Court · 1916
3Cited by1 opinion
- Hann v. StateIndiana Supreme Court · 1916