Evansville & Indianapolis Railroad v. Darting
Indiana Court of Appeals
From the Clay Circuils Court.
1Opinion of the CourtGavin, J.
This is an action to recover damages by reason of an assault and battery upon appellee, by a fellow-passenger, negligently permitted by appellant.
The only objections urged to the complaint are that it fails to show that the train hoarded by appellee was a passenger train, and that he was a passenger. While these facts are not directly alleged in so many words, they are plainly apparent, and are necessarily included when all the allegations of the complaint are considered, and this is suftieient to withstand a demurrer. Byard v. Harkrider, 108 Ind. 376; Douthit v. Mohr, 116 Ind. 482.
Under the…
2Cases cited6 opinions
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Louisville & Nashville Railroad v. KellyIndiana Supreme Court · 1883
- Chicago, Burlington & Quincy Railroad v. MehlsackIllinois Supreme Court · 1889
- Douthit v. MohrIndiana Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Malott v. SampleIndiana Supreme Court · 1905
- Evansville Hoop & Stave Co. v. BaileyIndiana Court of Appeals · 1908
- American Car & Foundry Co. v. ClarkIndiana Court of Appeals · 1904
- Scott v. LaFayette Gas Co.Indiana Court of Appeals · 1908
- Barrett v. SippIndiana Court of Appeals · 1912
8 more not listed; retrieve them via the Exa API.