Penn American Plate Glass Co. v. Schwinn
Indiana Supreme Court
Prom Madison Circuit Court; Charles K. Bagot, Judge. Action by Noah Schwinn against the Penn American Plate Glass Company. Prom a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)
1Opinion of the CourtMyers, J.
Action by appellee against appellant, by a complaint in three paragraphs, for damages as for a nuisance. Appellant answered by eight paragraphs, the first a general denial. Demurrers were sustained to the second, third, fourth and eighth paragraphs of answer, which rulings are the errors here assigned. The further assignment, that the court erred in refusing to stay the cause until the costs in a former action between the parties were paid, is waived. On a reply of general denial, a trial was had, and a small amount assessed as damages.
The first paragraph of the complaint alleges that…
2Cases cited30 opinions
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Strobel v. . Kerr Salt Co.New York Court of Appeals · 1900
- City of Logansport v. UhlIndiana Supreme Court · 1885
- Ames v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1893
- Ross v. BantaIndiana Supreme Court · 1893
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3Cited by6 opinions
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- Live Stock Insurance v. SticklerIndiana Court of Appeals · 1917
- City of Frankfort v. SlipherIndiana Court of Appeals · 1928
- Denney v. ReberIndiana Court of Appeals · 1916
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