Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Nichols
Indiana Court of Appeals
From Porter Circuit Court; H. H. Loring, Judge. Action by B. F. Nichols, administrator of the estate of Joseph Ross Wilson, deceased, against the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, the defendant appeals. This action was instituted by appellee against appellant to recover damages for the death of Dr. Joseph Ross Wilson.
Read the full summary
From Porter Circuit Court; H. H. Loring, Judge. Action by B. F. Nichols, administrator of the estate of Joseph Ross Wilson, deceased, against the Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, the defendant appeals. This action was instituted by appellee against appellant to recover damages for the death of Dr. Joseph Ross Wilson. So much of the first paragraph of the amended complaint as is necessary to an understanding of the questions presented is as follows: “That the defendant operates a line of railway from •Chicago to Logansport; that the…
1Opinion of the CourtDausman, P. J.
— It appears from the first paragraph of complaint that the plaintiff relied on five acts of commission and omission as constituting negligence, and we will first consider the question of the sufficiency of the averment of each of them.(1) “The defendant carelessly and negligently failed and omitted to maintain gates to warn travelers upon said highway of the approach of trains thereon.”
1,2. Can it be said that the duty to maintain gates at that crossing rested upon the defendant? That question is one of law. 1 Thompson, Negligence §3; 6 Thompson, Negligence §7458 and authorities there cited;…
2Cases cited53 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Faris v. HobergIndiana Supreme Court · 1893
- Pennsylvania Co. v. MarionIndiana Supreme Court · 1885
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Union Traction Co. v. BerryIndiana Supreme Court · 1919
48 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lopez v. HeesenNew Mexico Supreme Court · 1961
- Rau v. Northern Pacific Railway Co.Montana Supreme Court · 1930
- Morley v. Cleveland, Cincinnati, Chicago & St. Louis RailroadIndiana Court of Appeals · 1935
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. RushtonIndiana Court of Appeals · 1925
- New York Cent. RR Co. v. Wyatt, Admrx.Indiana Court of Appeals · 1962
10 more not listed; retrieve them via the Exa API.