Toledo, St. Louis & Western Railroad v. Miller
Indiana Court of Appeals
From Howard Superior Court; P. H. Elliott, Judge. Action by Albert N. Miller against the Toledo, St. Louis and Western Railroad Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMyers, J.
Appellee on December 20, 1905, was in the employ of Ellis Brothers, and while thus employed was en*229gaged in unloading coal from a ear, which, for the purpose of being unloaded, had been placed by appellant upon its open track alongside the coal shed and bins of said Ellis Brothers; that appellee’s position in the car was such that he could not and did not see nor hear appellant while switching cars on said switch, all of which was known to the appellant; that, while he was so engaged, appellant negligently ran a train of cars against the coal-car in which appellee was working, whereby it was…
2Cases cited20 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Indiana Natural Gas & Oil Co. v. O'BrienIndiana Supreme Court · 1903
- M. S. Huey Co. v. JohnstonIndiana Supreme Court · 1905
- New Castle Bridge Co. v. DotyIndiana Supreme Court · 1906
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MilesIndiana Supreme Court · 1904
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3Cited by3 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. SchaeferIndiana Court of Appeals · 1910
- Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Marmon Motor Car Co. v. SchaferIndiana Court of Appeals · 1931