Columbus & Indianapolis Central Railway Co. v. Farrell
Indiana Supreme Court
APPEAL from the Marion Civil -Circuit Court. Earrel-1 sued the -railroad company, averring in his ,coin-p'laint, that at the time of the injury complained of, the defendant was the owner and operator of the Columbus and Indianapolis Central Railwaji, extending from Indianapolis to Columbus, and likewise the owner and operator of all the rolling stock used upon said road, and was engaged in the business of common carrier for hire, of passengers and freight upon said road, by…
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APPEAL from the Marion Civil -Circuit Court. Earrel-1 sued the -railroad company, averring in his ,coin-p'laint, that at the time of the injury complained of, the defendant was the owner and operator of the Columbus and Indianapolis Central Railwaji, extending from Indianapolis to Columbus, and likewise the owner and operator of all the rolling stock used upon said road, and was engaged in the business of common carrier for hire, of passengers and freight upon said road, by means of said rolling stock, and as such admitted the plaintiff' into a car and train upon said road as a passenger…
1Opinion of the CourtFrazer, J.
We cannot'reverse this judgment upon the evidence, as wo are earnestly pressed to do. As it appears upon paper it creates a decided impression that the verdict was wrong. But that depends upon the credit due to the witnesses; and it may be if they had been examined in our personal presence as they wore before the jury which found the verdict and the judge who overruled the motion for a new trial, that we would have thought otherwise. There are tests of truth in testimony impossible to be put into a bill of exceptions; and it is therefore wise that where the question is one of credibility…
2Cited by15 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Chicago & Alton Railroad v. ArnolIllinois Supreme Court · 1893
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Texas & P. R'y Co. v. GarciaTexas Supreme Court · 1884
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