Malott v. Central Trust Co.
Indiana Supreme Court
From Hendricks Circuit Court; Thomas J. Gofer, Judge. Action by the Central Trust Company of Greeneastle, Indiana, as administrator of the estate of Fred H. Hermsen, deceased, against Volney 'T. Malott, as receiver of the Terre Haute & Indianapolis Railway Company. From a judgment for plaintiff on a verdict for $9,500, defendant appeals. Transferred from Appellate Court under §133lu Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtMonks, J.
This action was brought to recover damages for the death of Fred H. Hermsen, alleged to have been caused by the negligence of appellant. A trial of said cause resulted in a verdict and judgment in favor of appellee.
The only error assigned and not waived is that “the court erred in overruling appellant’s motion for a new trial.”
1. The determination of the question presented by said assignment of error depends upon matters which counsel for appellee insist are not in the record, for the reason that the bills of exceptions were not filed in the clerk’s office or in open court within the ninety…
2Cases cited29 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- McCoy v. AbleIndiana Supreme Court · 1892
- Ohio & Mississippi Railway Co. v. WalkerIndiana Supreme Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
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3Cited by41 opinions
- Automobile Underwriters, Inc. v. CampIndiana Supreme Court · 1940
- Brown v. American Steel & Wire Co.Indiana Court of Appeals · 1909
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. ArnottIndiana Supreme Court · 1920
- Barker v. Chicago, Peoria & St. Louis Railway Co.Illinois Supreme Court · 1909
- John H. Jackson v. Southern Railway CompanyCourt of Appeals for the Fifth Circuit · 1963
36 more not listed; retrieve them via the Exa API.