Legal Opinion
Terre Haute & Indianapolis Railroad v. Clem
Indiana Supreme Court
Decided March 19, 1890No. 13,693PublishedCited by 72 opinions
From the Carroll Circuit Court.
1Opinion of the CourtElliott, J.
The appellee recovered a judgment for damages for an injury to a horse which he was driving. The theory of the appellee is that the appellant was negligent in constructing a crossing at a point where its railroad crossed a public road, and that the injury to his horse was caused by the appellant’s negligent breach of duty.
It is quite well settled that it is the duty of a railroad corporation to so construct and maintain its crossings that they may be safely used by persons travelling the highway, and that for a negligent breach of this duty it must answer in damages to one who exercises…
2Cases cited15 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by72 opinions
- Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
- Ortho Pharmaceutical Corp. v. ChapmanIndiana Court of Appeals · 1979
- Dudley Sports Co. v. SchmittIndiana Court of Appeals · 1972
- Ohio & Mississippi Railway Co. v. TrowbridgeIndiana Supreme Court · 1890
- Lake Shore & Michigan Southern Railway Co. v. McIntoshIndiana Supreme Court · 1894
67 more not listed; retrieve them via the Exa API.