Asche v. Harmon
Indiana Supreme Court
Prom Marion Circuit Court (17,749); Charles Remster, Judge. Action by Albert Asehe, administrator of the estate of Frederick Dittmer, deceased, against Judson Harmon, receiver for the Cincinnati, Hamilton and Dayton Railway Company. From a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtShea, J.
This was an action by appellant against appellee as receiver for the Cincinnati, Hamilton and Dayton Railway Company, to recover damages for the alleged negligent killing of Frederick Dittmer. A general denial to the complaint in one paragraph formed the issues submitted to the jury for trial. In obedience to a peremptory instruction a verdict was returned in favor of appellee. Judgment on the verdict. The overruling of appellant’s motion for a new trial is the only error assigned in this court.
The material allegations of the complaint show, in substance, that appellant is the administrator…
2Cases cited12 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Jacobs v. JolleyIndiana Court of Appeals · 1902
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Brooks v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1902
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3Cited by2 opinions
- New York Cent. RR Co. v. Wyatt, Admrx.Indiana Court of Appeals · 1962
- Mulvaney v. Terre Haute, Indianapolis & Eastern Traction Co.Indiana Court of Appeals · 1919