Legal Opinion

Central Indiana Railway Co. v. Smith

Indiana Court of Appeals

Decided June 4, 1908No. 6,191Published

From Hamilton Circuit Court; Ira W. Christian, Judge. Action by Samuel M. Smith against the Central Indiana Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMyers, P. J.

This was an action by appellee against appellant to recover the value of three horses and two mules, alleged to have been struck and killed by a locomotive and train- of ears operated by appellant.

*3671. The complaint was in one paragraph, answered by a general denial; trial by the court; special finding of facts made and conclusions of law stated thereon, and judgment for $465 in favor of appellee.

The errors relied upon for a reversal are the overruling of the demurrer to the complaint, erroneous conclusions of law, and the overruling of appellant’s motion for a new trial.

In support of the first…

2Cases cited17 opinions

  1. Chicago Terminal Transfer Railroad v. VandenbergIndiana Supreme Court · 1905
  2. Hunt v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1887
  3. Heath v. SheetzIndiana Supreme Court · 1905
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GrayIndiana Supreme Court · 1897
  5. Louisville, New Albany & Chicago Railway Co. v. HughesIndiana Court of Appeals · 1891

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