Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Retz
Indiana Court of Appeals
From Randolph Circuit Court; Theodore ShocJcney, Judge. Action by Frank Retz against the Pittsburgh, Cincinnati, Chicago and St. ¿Louis Railway Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtMcMahan, J.
— This is an action brought by the appellee against the appellant for damages for an assault and battery alleged to have been inflicted by one Isaac Burns upon appellee while he was a passenger upon one of appellant’s trains.
The complaint is in two paragraphs. The first paragraph alleges that Burns was an employe of appellant at the time of the alleged assault and battery, and was. acting within the scope of his employment. The. second paragraph alleges that the brakeman of appellant upon the train was present at the time, and could have prevented Burns from committing such assault- and…
2Cases cited7 opinions
- Rose v. City of JeffersonvilleIndiana Supreme Court · 1916
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HayesIndiana Supreme Court · 1913
- Heady v. BrownIndiana Supreme Court · 1898
- Leedy v. IdleIndiana Court of Appeals · 1918
- Jeffersonville School Township v. School City of JeffersonvilleIndiana Court of Appeals · 1911
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3Cited by5 opinions
- Scott, Admr. v. Bradford National BankSupreme Court of Vermont · 1935
- Terre Haute, Indianapolis & Eastern Traction Co. v. ScottIndiana Court of Appeals · 1930
- Martindale v. CorbinIndiana Court of Appeals · 1924
- Sanders-Egbert Co. v. GettsIndiana Court of Appeals · 1923
- Ellis Bros. v. Lake Erie & Western RailroadIndiana Court of Appeals · 1925