Cincinnati, Hamilton & Dayton Railway Co. v. McCullom
Indiana Supreme Court
Prom Marion Circuit Court (15,0^, , ■ Remster, Judge. Action by Joseph MeCullom, administrator oí the estate of Joseph W. Roebuck, deceased, against the Cincinnati, Hamilton and Dayton Railway Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtLairy, J.
— This action was originally brought by Joseph AY. Roebuck to recover damages for personal injuries sustained while he was employed as brakeman. Roebuck became insane and his guardian obtained a judgment against appellant from which it appealed. The judgment was reversed by the Appellate Court and a new trial ordered. Cincinnati, etc., R. Co. v. McCullom (1911), 47 Ind. App. 184, 93 N. E. 1033. After the ease was certified to the trial court appellee filed a supplemental complaint in which it is shown that Joseph AY. Roebuck died pending the appeal and that appellee was appointed as his…
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