Thomas Madden, Son & Co. v. Wilcox
Indiana Supreme Court
From Hendricks Circuit Court; James L. Clark, Judge. Action by Ralph Wilcox, by his next friend, against Thomas Madden, Son and Company. From a judgment on a verdict for plaintiff for $4,000, defendant appeals. Transferred from Appellate Court under subd. two, §1394 Burns 1908, Acts 1901 p. 565, §10.
1Opinion of the CourtMontgomery, J.
This is an action for a personal injury sustained by a servant on account of alleged negligence of the master.
The errors assigned and relied upon for a reversal of the judgment, are the overruling of appellant’s motion to make ea,eh paragraph of the complaint more specific, its demurrer to each paragraph on the ground that the facts therein alleged were insufficient to constitute a cause of action, and its motions for judgment on the interrogatories and the answers of the jury thereto, notwithstanding the general verdict, and for a new trial.
1. The complaint is in two paragraphs, and a…
2Cases cited32 opinions
- Coombs v. New Bedford Cordage Co.Massachusetts Supreme Judicial Court · 1869
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Hickey v. . TaaffeNew York Court of Appeals · 1887
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
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3Cited by18 opinions
- New York Central Railroad v. MilhiserIndiana Supreme Court · 1952
- Vandalia Coal Co. v. YemmIndiana Supreme Court · 1910
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Riechmann v. ReasnerIndiana Supreme Court · 1943
- German Fire Insurance v. ZonkerIndiana Court of Appeals · 1915
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