Legal Opinion

Pennsylvania Co. v. Newby

Indiana Supreme Court

Decided January 11, 1905No. 20,436PublishedCited by 2 opinions

From Morgan Circuit Court; John C. Robinson, Judge, pro tem. Action, by William Newby against the Pennsylvania Company. From a judgment for plaintiff, defendant appeals. Transferred from Appellate Court under §1337u Bums 1901, Acts 1901, p. 590.

1Opinion of the CourtGillett, J.

Action under §5323 Burns 1901, Acts 1885, p. 224, §1, do recover the value of two mules belonging to appellee, and killed on appellant’s right of way. The question before us is presented by an assignment of error which draws in question the propriety of the action of the lower court in overruling a motion, made by appellant, for judgment on answers to interrogatories notwithstanding the general verdict.

1. The contention of appellant’s counsel is summarized in their brief as follows: “A special finding that cattle-guards at a crossing were of the style in general use by first-class railroads…

2Cases cited5 opinions

  1. G., C. & Santa Fe R'y Co. v. EvansichTexas Supreme Court · 1884
  2. Louisville, New Albany & Chicago Railway Co. v. WrightIndiana Supreme Court · 1888
  3. Malloy v. Township of WalkerMichigan Supreme Court · 1889
  4. Lake Erie & Western Railroad v. MuggIndiana Supreme Court · 1892
  5. Allen v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884

3Cited by2 opinions

  1. Vandalia Coal Co. v. PriceIndiana Supreme Court · 1912
  2. Nashville C. & St. L. Ry. Co. v. RussellCourt of Appeals of Kentucky · 1908

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