Legal Opinion
Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Gallivan
Indiana Supreme Court
Decided January 7, 1919No. 23,211PublishedCited by 1 opinion
From Marion Superior Court (101,767); V. G. Clifford, Judge. Action by Thomas J. Gallivan against the Pittsburg, Cincinnati, Chicago- and St. Louis Railway Company. From a judg- ment for the plaintiff, the defendant appeals.
1Opinion of the CourtSpencer, J.
— The issues presented by this appeal are identical with those which were considered in Pittsburgh, etc., R. Co. v. Miller (1918), 187 Ind. 684, 119 N. E. 801, and, on the authority of that decision, we hold in this case that the trial court erred in sustaining appellee’s demurrer to appellant’s fifth paragraph of answer.
Judgment reversed, with instructions to overrule the demurrer to said fifth paragraph of answer and for further proceedings not inconsistent herewith.
2Cases cited1 opinion
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1918
3Cited by1 opinion
- Swing v. Kokomo Steel & Wire Co.Indiana Court of Appeals · 1919