Berry v. Lake Erie & W. R.
U.S. Circuit Court for the District of Indiana
This was an action at law, brought by Pearlie Berry, by her nest friend, against the Lake Erie & Western Bailroad Company, to recover damages for personal injuries.
1Opinion of the Court
BAKER, District Judge.
The plaintiff, an infant of seven years of age, by her next friend, has filed her complaint in two paragraphs for the recovery of damages for personal injuries alleged to have been sustained by her by reason of the negligence of the defendant. To each paragraph of this complaint the defendant has interposed a demurrer for want of facts. The defects pointed out in argument are that the first paragraph fails to show the plaintiff's freedom from contributory negligence, and that the second paragraph fails to show that the parents of the plaintiff were free from fault…
2Cases cited7 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Holmes v. O. & C. Ry. Co.District Court, D. Oregon · 1880
- Watkinds v. Southern Pac. R. Co.District Court, D. Oregon · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coalgate Co. v. HurstSupreme Court of Oklahoma · 1910
- Evans v. Lake Erie & W. R. Co.U.S. Circuit Court for the District of Indiana · 1897