Indianapolis Street Railway Co. v. Marschke
Indiana Supreme Court
From Superior Court of Marion County (20,706) ; Vinson Carter, Judge. Action by Bertba A. Marschke against the Indianapolis Street Railway Company. Erom a judgment on a verdict for plaintiff for $950, defendant appeals. Transferred from Appellate Court under subd. 2, §1337j Burns 1901, Acts 1901, p. 565, §10.
1Opinion of the CourtGillett, C. J.
—Action for personal injury. There was a verdict and a judgment for appellee.
The principal question in the case is whether the evidence shows that appellee was guilty of contributory negligence. Upon some points there was a sharp, conflict in the testimony, but assuming, as we must, that the jury followed the evidence which was most favorable to appellee, the following may be said to be the facts: About 8 o’clock a. m. of a day in August, appellee was driving in a single buggy to the southeast, down one of the approaches of the Virginia avenue viaduct, in the city of Indianapolis. The…
2Cases cited23 opinions
- State v. BerdettaIndiana Supreme Court · 1880
- Owen v. PhillipsIndiana Supreme Court · 1881
- Memphis Street Railway Co. v. HaynesTennessee Supreme Court · 1904
- Harper v. City of MilwaukeeWisconsin Supreme Court · 1872
- Phœnix Mutual Life Insurance v. HinesleyIndiana Supreme Court · 1881
18 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
- Terre Haute, Indianapolis & Eastern Traction Co. v. StevensonIndiana Supreme Court · 1919
- Pfisterer v. KeyIndiana Supreme Court · 1941
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- Hall v. McDonaldIndiana Supreme Court · 1908
43 more not listed; retrieve them via the Exa API.