Indianapolis Street Railway Co. v. Schmidt
Indiana Supreme Court
From Marion Circuit Court (10,736); H. C. Allen, Judge. Action by Joseph Schmidt against the Indianapolis Street Railway Company for damages for personal injuries. From a judgment rendered on a verdict for $4,000, the defendant appeals. Transferred from the Appellate Court under §1337u Burns 1901.
1Opinion of the CourtDowling, J.
The appellee was a passenger upon appellant’s railroad, and was injured while being so carried. The complaint alleged that the accident and injury were caused by the negligence of the appellant in running its car at a high and dangerous rate of speed. A demurrer to the complaint was overruled. The answer was a general denial. A verdict was returned for the plaintiff below, a motion for a new trial was overruled, and judgment was rendered on the verdict. Error is assigned upon these rulings.
The objections taken to the complaint are that it does not charge that the act of negligence complained…
2Cases cited25 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Cleveland, Columbus, Cincinnati & Indianapolis Railroad v. NewellIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago Railway Co. v. MillerIndiana Supreme Court · 1894
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3Cited by41 opinions
- Davis v. Mercer Lumber Co.Indiana Supreme Court · 1905
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HiggsIndiana Supreme Court · 1905
36 more not listed; retrieve them via the Exa API.