Lake Erie & Western Railroad v. McFall
Indiana Supreme Court
From Hamilton Circuit Court; William 8. Christian, Special Judge. Action by Melissa McFall against the Lake Erie & Western Railroad Company. From a judgment on a verdict for plaintiff for $150, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtGillett, C. J.
Action by appellee against appellant to recover damages for alleged negligence in permitting sparks to escape from its locomotive and fall upon the barn of appellee, whereby the barn was set on fire and destroyed. The complaint was in three paragraphs, to each of which a demurrer was overruled. There was an answer in general denial. The jury found in favor of appellee on each paragraph of her complaint, and judgment was rendered for appellee for the amount assessed in the verdict.
It is claimed by counsel for appellant that none of said paragraphs contains a sufficient charge of negligence.…
2Cases cited20 opinions
- Cincinnati, Hamilton & Dayton R. R. v. ChesterIndiana Supreme Court · 1877
- Belt Railroad & Stock Yard Co. v. MannIndiana Supreme Court · 1886
- Ohio & Mississippi Railway Co. v. McCartneyIndiana Supreme Court · 1890
- Malott v. SampleIndiana Supreme Court · 1905
- Wolf v. SchofieldIndiana Supreme Court · 1871
15 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
- Knight & Jillson Co. v. MillerIndiana Supreme Court · 1909
- Oolitic Stone Co. v. RidgeIndiana Supreme Court · 1908
- Wabash Railroad Co. v. HassettIndiana Supreme Court · 1908
23 more not listed; retrieve them via the Exa API.