Riley v. Neptune
Indiana Supreme Court
Prom Boone Circuit Court; Willett H. Parr, Judge. Action by John Riley against George Neptune and others. Prom a judgment for defendants, the plaintiff appeals. (Transferred from the Appellate Court under §1405 Burns 1908, Acts 1901 p. 590.)
1Opinion of the CourtCox, J.
Appellant sued appellees to recover damages for personal injuries sustained by him while engaged in the work, for appellees, of taking gravel from a pit owned by them. Appellees jointly and severally demurred to the complaint for want of facts to state a cause of action, and these demurrers were sustained. This action of the lower court is the basis of the one assignment of error in this court and it involves only the question whether appellant assumed the risk of injury which attached to the work under the circumstances averred in the complaint.
The complaint is very long but in material…
2Cases cited11 opinions
- Vincennes Water Supply Co. v. WhiteIndiana Supreme Court · 1890
- Griffin v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1890
- Swanson v. City of LafayetteIndiana Supreme Court · 1893
- City of Fort Wayne v. ChristieIndiana Supreme Court · 1901
- Haas v. BalchCourt of Appeals for the Eighth Circuit · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- J. Wooley Coal Co. v. TevaultIndiana Supreme Court · 1918
- Torgerson v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1923
- Lavene v. FriedrichsIndiana Supreme Court · 1917
- Baltimore & Ohio Southwestern Railroad v. CarrollIndiana Supreme Court · 1928
- Grey Eagle Marble Co. v. PerryTennessee Supreme Court · 1917
2 more not listed; retrieve them via the Exa API.