Clayton v. Penn Central Transportation Co.
Indiana Court of Appeals
1Opinion of the CourtStaton, J.
Garry Clayton and his father, Willie, filed their complaint to recover damages for personal injuries suffered by Garry when his right foot was crushed between a railroad track and a slow moving train wheel. The railroad company and the city moved for summary judgment, and it was granted by the trial court. Garry Clayton and his father appeal from the granting of summary judgment by the trial court, and we reverse.
On September 4,1974, Garry Clayton, four years old, and his seven-year-old brother, Willie, Jr., were playing in a city park when a Penn Central freight train passed, traveling at…
2Cases cited18 opinions
- Campbell v. StateIndiana Supreme Court · 1972
- Hale v. Peabody Coal CompanyIndiana Court of Appeals · 1976
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Letson v. LowmasterIndiana Court of Appeals · 1976
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3Cited by21 opinions
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- Mills v. American Playground Device Co.Indiana Court of Appeals · 1980
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