Indianapolis & Greenfield Rapid Transit Co. v. Derry
Indiana Court of Appeals
From Rust Circuit Court; Douglass Morris, Judge. Action by Thomas B. Derry against the Indianapolis & Greenfield Rapid Transit Company. From a judgment for plaintiff, defendant-appeals.
1Opinion of the CourtRoby, J.
This action was begun in Hancock county. A trial resulted in a disagreement of the jury. The venue was then changed to Rush county, and a second trial resulted in a second disagreement. In the third trial a verdict for $999' in favor of the plaintiff was returned, and this appeal is taken, from a judgment rendered thereon. The complaint is in one paragraph. Its sufficiency Was not questioned prior to this appeal.
The first assignment of error is that the complaint does not state facts sufficient to constitute a cause of action.
During the second trial the amount for which judgment was prayed in…
2Cases cited8 opinions
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Indiana Railway Co. v. MaurerIndiana Supreme Court · 1903
- Wabash Railway Co. v. SavageIndiana Supreme Court · 1886
- Terre Haute & Indianapolis Railroad v. JacksonIndiana Supreme Court · 1881
- Efroymson v. SmithIndiana Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Indianapolis & Cincinnati Traction Co. v. SherryIndiana Court of Appeals · 1917
- Schmeling v. EschIndiana Court of Appeals · 1925
- Louisville & Southern Indiana Traction Co. v. LeafIndiana Court of Appeals · 1907
- Budkiewicz v. Elgin, Joliet & Eastern Railway Co.Indiana Supreme Court · 1958
- Budkiewicz v. Elgin, Joliet & Eastern Railway Co.Indiana Supreme Court · 1958