Legal Opinion

Hammond, Whiting & East Chicago Electric Railway Co. v. Antonia

Indiana Court of Appeals

Decided February 27, 1908No. 6,040PublishedCited by 17 opinions

Prom Lake Circuit Court; Willis C. McMahan, Judge. Action by Joseph Antonia against the Hammond, Whiting & East Chicago Railway Company. Prom a judgment on a verdict for plaintiff for $1,500, defendant appeals.

1Opinion of the CourtRabb, J.

The appellee was injured while alighting from appellant’s street-car, and this action was brought to recover damages for the injury, the complaint, in two paragraphs, alleging that the injury resulted from the negligence of the appellant. Appellant’s demurrer to each paragraph of the complaint was overruled. Answer was filed in three paragraphs: The first paragraph being the general denial; the second averring a compromise and payment. of appellee’s claim, and the third setting up specifically a written contract for release and compromise of the claim sued upon, making the written contract a…

2Cases cited4 opinions

  1. Powers v. StateIndiana Supreme Court · 1882
  2. Indianapolis Street Railway Co. v. O'DonnellIndiana Court of Appeals · 1905
  3. Baum v. PalmerIndiana Supreme Court · 1905
  4. Muncie Pulp Co. v. KoontzIndiana Court of Appeals · 1904

3Cited by17 opinions

  1. Vivian Collieries Co. v. CahallIndiana Supreme Court · 1915
  2. Walner v. CapronIndiana Supreme Court · 1946
  3. Thompson v. StateIndiana Supreme Court · 1921
  4. Fort Wayne & Wabash Valley Traction Co. v. RoudebushIndiana Supreme Court · 1909
  5. Indianapolis Traction & Terminal Co. v. HowardIndiana Supreme Court · 1920

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