Legal Opinion

Louisville & Southern Indiana Traction Co. v. Cotner

Indiana Court of Appeals

Decided November 20, 1919No. 9,906PublishedCited by 5 opinions

From Washington Circuit Court; William H. Paynter, Judge. Action by Isaac Cotner against the Louisville and Southern Indiana Traction Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtRemy, J.

— Action for damages for personal injuries. Judgment for appellee. Errors assigned and presented are: (1) Overruling motion to make complaint more specific; (2) overruling demurrer to complaint; and (3) overruling motion for a new trial.

1. The motion to make the complaint more specific was not directed to the'allegations of negligence, but to the averments of the complaint as to the nature and extent of appellee’s injuries, and as to the damages resulting therefrom. The complaint is subject to criticism for lack of certainty in the particulars complained of, and the motion might with…

2Cases cited8 opinions

  1. Monongahela River Consolidated Coal & Coke Co. v. HardsawIndiana Supreme Court · 1907
  2. Stewart v. SwartzIndiana Court of Appeals · 1914
  3. S. W. Little Coal Co. v. O'BrienIndiana Court of Appeals · 1916
  4. Citizens' Street Railway Co. v. LoweIndiana Court of Appeals · 1894
  5. Manion v. Lake Erie & Western Railway Co.Indiana Court of Appeals · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hoffman v. E.W. Bliss Co.Indiana Supreme Court · 1983
  2. Johnson v. HerringMontana Supreme Court · 1931
  3. Lafayette Street Railway, Inc. v. UllrichIndiana Court of Appeals · 1929
  4. Smith, Rec. v. MillsIndiana Court of Appeals · 1933
  5. Hoffman v. E.W. Bliss Co.Indiana Supreme Court · 1983

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