Vandalia Railway Co. v. Duling
Indiana Court of Appeals
From Owen Circuit Court; James B. Wilson^ Judge. Action by Henry E.. Duling against the Vandalia Railroad Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtCaldwell, J.
Appellant brought this action to recover the value of certain horses and mules alleged to have been run into and killed by one of appellant’s passenger trains.- ft.was alleged that the animals escaped from appellee’s pasture to appellant’s right of way and track without the knowledge of appellee, and that they so escaped and were subsequently killed without any fault or negligence on his part. The complaint declares on a common-law rather than a statutory liability, and proceeds on the theory of negligence.' It' is alleged in substance that appellant’s employes in charge of the train that…
2Cases cited15 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Schneck v. City of JeffersonvilleIndiana Supreme Court · 1898
- Krenzer v. Pittsburg, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1896
- Chicago, St. Louis & Pittsburgh Railroad v. ChampionIndiana Court of Appeals · 1894
- Cincinnati, Wabash & Michigan Railway Co. v. HiltzhauerIndiana Supreme Court · 1885
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3Cited by12 opinions
- Montgomery Ward & Co. v. GreggIndiana Court of Appeals · 1990
- Sports, Inc. v. GilbertIndiana Court of Appeals · 1982
- Chrysler Corporation v. AlumbaughIndiana Court of Appeals · 1976
- Langham v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1926
- Snyder, Admx. v. MouserIndiana Court of Appeals · 1971
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