Legal Opinion

Evansville & Terre Haute Railway Co. v. Berndt

Indiana Supreme Court

Decided June 2, 1909No. 21,251PublishedCited by 44 opinions

Prom Posey Circuit Court; O. M. Welborn, Judge. Action by Henry W. Berndt, as administrator of the estate of Charles C. Berndt, deceased, against the Evansville and Terre Haute Railway Company. Prom a judgment for plaintiff, defendant appeals.

1Opinion of the CourtMontgomery, C. J.

Appellee recovered a judgment for $7,166 against appellant for causing the death of Charles C. Berndt at a grade crossing in the city of Evansville. Errors have been assigned upon the overruling of (1) appellant’s demurrer to the complaint, and (2) its motion for a new trial.

The complaint alleged, in substance, that William street in the city of Evansville was used constantly by the public for travel and traffic at a point where it was crossed by a number of appellant’s tracks, and that a certain ordinance of the city required appellant to maintain automatic safety gates on each side of its…

2Cases cited27 opinions

  1. Rogers v. LeydenIndiana Supreme Court · 1891
  2. Malott v. HawkinsIndiana Supreme Court · 1902
  3. Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
  4. Mann v. Belt Railroad & Stock Yard Co.Indiana Supreme Court · 1891
  5. Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891

22 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Pennsylvania Railroad Co. v. HussIndiana Court of Appeals · 1932
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
  3. Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
  4. Lockridge v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1913
  5. Kelley v. DickersonIndiana Supreme Court · 1938

39 more not listed; retrieve them via the Exa API.

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