Vandalia Railroad v. Darby
Indiana Court of Appeals
Prom Clay Circuit Court; John M. Rawley, Judge. Action by Martha Darby against the Vandalia Railroad Company. Prom a judgment for plaintiff the defendant appeals.
1Opinion of the CourtPelt, J.
Appellee recovered a judgment against appellant for $750 for personal' injuries alleged to have been received by her through appellant’s negligence while she was a passenger riding in the caboose of one of appellant’s freight trains.
The errors assigned and relied on for reversal of *296the judgment are (1) the overruling of the demurrer to the complaint for insuffieiéncy of the facts alleged to state a cause of action and (2) the overruling of the motion for a new trial.
In substance it is charged in the complaint that appellant is a common carrier and on October 11, 1910, was engaged in the…
2Cases cited14 opinions
- Domestic Block Coal Co. v. DeArmeyIndiana Supreme Court · 1913
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Indianapolis Street Railway Co. v. SchmidtIndiana Supreme Court · 1904
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. HiggsIndiana Supreme Court · 1905
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3Cited by1 opinion
- Bentley v. Oldetyme Distillers, Inc.North Dakota Supreme Court · 1941