Legal Opinion

National Fire Proofing Co. v. Smith

Indiana Court of Appeals

Decided November 20, 1912No. 7,578PublishedCited by 6 opinions

Prom Lake Superior Court; Virgil 8. Reiter, Judge. Action by Charles C. Smith, administrator of the estate of Prank Shearer, deceased, against the National Pire Proofing Company. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtFelt, J.

Appellee brought this action to recover damages for injuries, resulting in the death of the decedent, Prank Shearer, while in the employ of appellant. Trial by jury resulted in a verdict for appellee in the sum of $4,000, upon which judgment was rendered.

Appellant’s assignment of errors challenges the sufficiency of the facts alleged in each paragraph of appellee’s amended complaint to state a cause of action. The first paragraph, after the formal averments, charges in substance that appellant owned and operated a plant for the manufacture of tile, brick, tile-roofing and other like products;…

2Cases cited14 opinions

  1. Consolidated Stone Co. v. SummitIndiana Supreme Court · 1899
  2. Davis Coal Co. v. PollandIndiana Supreme Court · 1902
  3. New Castle Bridge Co. v. DotyIndiana Supreme Court · 1906
  4. Vandalia Railroad v. State ex rel. City of South BendIndiana Supreme Court · 1906
  5. Republic Iron & Steel Co. v. OhlerIndiana Supreme Court · 1903

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3Cited by6 opinions

  1. Carter v. RichartIndiana Court of Appeals · 1919
  2. American Steel Foundries Co. v. CarboneIndiana Court of Appeals · 1915
  3. Trook v. CrouchIndiana Court of Appeals · 1923
  4. Sullivan v. Indianapolis, Crawfordsville & Western Traction Co.Indiana Court of Appeals · 1914
  5. Totten v. American Railway Express Co.Indiana Court of Appeals · 1922

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