Legal Opinion

Childs v. Rayburn

Indiana Court of Appeals

Decided May 12, 1976No. 1-1275A223PublishedCited by 19 opinions

1Opinion of the CourtLowdermilk, J.

The proceedings leading to this appeal were initiated when plaintiff-appellee (Rayburn) filed an action against appellant (Childs) for the wrongful death of his son, Steven. This action was filed by Rayburn as administrator of Steven’s estate, and alleged that Childs, as Steven’s employer, permitted Steven to remain in an open field in spite of an approaching thunderstorm. Rayburn alleged that this act of negligence resulted in Steven being struck and killed by a bolt of lightning.

Child’s answer first requested dismissal of the action for failure to state a claim. However, the exact nature of…

2Cases cited25 opinions

  1. Elder v. FisherIndiana Supreme Court · 1966
  2. State v. RankinIndiana Supreme Court · 1973
  3. Cooper v. StateIndiana Supreme Court · 1889
  4. HAHN v. MooreIndiana Court of Appeals · 1956
  5. New York Central R. Co. v. CAVINDER, ETC.Indiana Court of Appeals · 1965

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3Cited by19 opinions

  1. Marksill Specialties, Inc. v. BargerIndiana Court of Appeals · 1981
  2. Fall v. WhiteIndiana Court of Appeals · 1983
  3. Zimmerman v. MooreIndiana Court of Appeals · 1982
  4. James E. Gottshall v. Consolidated Rail CorporationCourt of Appeals for the Third Circuit · 1993
  5. Edwardsville National Bank and Trust Company, Administrator of the Estate of Chadwick Slone v. Marion Laboratories, Inc.Court of Appeals for the Seventh Circuit · 1987

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

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