Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Dixon

Indiana Court of Appeals

Decided December 14, 1911No. 7,337PublishedCited by 25 opinions

Prom Superior Court of Marion County (75,530); James M. Leathers, Judge. Action by Elmer Dixon against The Cleveland, Cincinnati, Chicago & St. Louis Railway Company. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtHottel, J.

— This is a suit for damages for malicious prosecution.

The complaint is in one paragraph, to which a demurrer was overruled. The general denial was then filed, and on the issues so formed there was a trial by jury and a verdict for appellee in the sum of $2,500. A motion for a new trial was overruled, and judgment rendered on the verdict.

The errors assigned call in question the rulings on the demurrer to the complaint and the motion for a new trial.

1. Appellant in the oral argument conceded the sufficiency of the complaint, and waived the error calling the same in question. The errors now…

2Cases cited34 opinions

  1. City of Delphi v. LoweryIndiana Supreme Court · 1881
  2. Eacock v. StateIndiana Supreme Court · 1907
  3. International & Great Northern Railway Co. v. SeinTexas Supreme Court · 1895
  4. Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
  5. Pearcy v. Michigan Mutual Life InsuranceIndiana Supreme Court · 1887

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

3Cited by25 opinions

  1. Glass v. ParrishSupreme Court of Florida · 1951
  2. Great Atlantic and Pacific Tea Co. v. CustinIndiana Supreme Court · 1938
  3. Smith v. GravesIndiana Court of Appeals · 1915
  4. Dwyer v. McCleanIndiana Court of Appeals · 1961
  5. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SimpsonIndiana Supreme Court · 1914

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

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