Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Heineman
Indiana Court of Appeals
Prom Superior Court of Tippecanoe County; Henry H. Vinton, Judge. Action by Mary P. Heineman, as administratrix of the estate of George W. Heineman, deceased, against the Cleveland, Cincinnati, Chicago and St. Louis Railway Company. Prom a judgment for plaintiff, defendant appeals.
1Dissent
Dissenting Opinion.
Myers, C. J.
I am unable to agree with my associates that the judgment in this case should be affirmed.
Appellee’s complaint originally consisted of two paragraphs. On the trial of the cause the second paragraph was dismissed.
The first paragraph, after introductory allegations relating to the appointment and qualifying of appellee as administratrix, and the corporate capacity and business of appellant, and that it maintained in the city of LaPayette a large number of tracks, side-tracks, turnouts and switches, for storing ears thereon, proceeds as follows:
*394“Plaintiff avers…
2Cases cited21 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Belt Railroad & Stock Yard Co. v. MannIndiana Supreme Court · 1886
- Robertson v. FordIndiana Supreme Court · 1905
- McElwaine-Richards Co. v. WallIndiana Supreme Court · 1902
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