Legal Opinion

Pennsylvania Co. v. Clark

Indiana Supreme Court

Decided January 13, 1922No. 23,858PublishedCited by 11 opinions

From Starke Circuit Court; William C. Pentecost, Judge. Action by Melvin Clark, administrator, against the Pennsylvania Company. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1399 Burns 1914, Acts 1901 p. 569.)

1Opinion of the CourtEwbank, C. J.

Appellee recovered a judgment against the appellant for negligently causing the death of his decedent, who, on May 31, 1916, was struck by a passenger train running on appellant’s double track railroad, at a street crossing in the town of Donaldson, while riding a motorcycle.

The undisputed evidence was that he was a minor, but lacked less than five months of being twenty-one years old. There was evidence tending to prove and from which the jury might have inferred that a freight train had just passed going east, when the deceased reached the crossing; that he approached the crossing from the…

2Cases cited10 opinions

  1. Evansville & Terre Haute Railway Co. v. BerndtIndiana Supreme Court · 1909
  2. City of Indianapolis v. KeeleyIndiana Supreme Court · 1906
  3. Grand Trunk Western Railway Co. v. ReynoldsIndiana Supreme Court · 1910
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ReedIndiana Court of Appeals · 1905
  5. American Motor Car Co. v. RobbinsIndiana Supreme Court · 1913

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3Cited by11 opinions

  1. Edwards v. UlandIndiana Supreme Court · 1923
  2. Hummel v. New York Central RailroadIndiana Court of Appeals · 1946
  3. Pennsylvania Railroad v. RizzoIndiana Court of Appeals · 1949
  4. Callahan v. New York Central RailroadIndiana Court of Appeals · 1955
  5. Colas v. GrzegorekCourt of Appeals for the Seventh Circuit · 1953

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