Malott v. Weston
Indiana Court of Appeals
Prom Superior Court of Marion County (67,972); James M. Leathers, Judge. Action by Edward B. Weston against Volney T. Malott, receiver of the Terre Haute and Indianapolis Railroad Company. Prom a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtAdams, J.
— Appellee was injured on October 15, 1902, while a passenger on one of appellant’s trains running from the city of Indianapolis to the city of Terre Haute. The sufficiency of the complaint is not challenged, and no question is presented, either as to the extent of appellee’s injuries or as to the amount of the recovery.
The complaint was answered by denial, and by a second paragraph of answer alleging that “the plaintiff did not pay or tender any fare for passage upon the train upon which *574he alleges in the complaint he was a passenger, but he was traveling upon said train on a free pass which…
2Cases cited15 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- New Orleans v. ClarkSupreme Court of the United States · 1877
- Northern Pacific R. Co. v. AdamsSupreme Court of the United States · 1904
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Railway Co. v. StevensSupreme Court of the United States · 1878
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3Cited by4 opinions
- Niederhaus v. JacksonIndiana Court of Appeals · 1922
- Union Traction Co. v. AlstadtIndiana Supreme Court · 1924
- Vandalia Railroad v. StevensIndiana Court of Appeals · 1917
- Clark v. Southern Railway Co.Indiana Court of Appeals · 1918