Legal Opinion

Ferguson v. Cleveland, Cincinnati Chicago & St. Louis Railway Co.

Indiana Court of Appeals

Decided February 21, 1919No. 9,758Published

From Marion Circuit Court (25,937); Louis. B. Ewbank, Judge. Action by Olivia Ferguson, administratrix of tlie estate of James M. Ferguson, deceased, against tlie Cleveland, Cincinnati and St. Louis Bailway Company. From a judgment for defendant, tfie plaintiff appeals.

1Opinion of the CourtNichols, J.

This is a suit by Olivia Ferguson, administratrix of tlie estate of James N. Ferguson, deceased, for damages for tlie death of her husband.

The complaint was originally in two paragraphs. A demurrer was filed to each paragraph separately. The demurrer to the first paragraph was sustained. The demurrer to the second paragraph was overruled. This ruling was made on April 13, 1916. Thereafter, to wit, on April 24, 1916, the case was put at issue on the second paragraph of the complaint, by appellee filing an answer in general denial thereto. Thereafter, to wit, on May 17, 1916, appellant withdrew…

2Cases cited8 opinions

  1. Luntz v. GreveIndiana Supreme Court · 1885
  2. City of Elkhart v. WickwireIndiana Supreme Court · 1882
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HollowellIndiana Supreme Court · 1909
  4. Field v. NoblettIndiana Supreme Court · 1900
  5. Lester v. BrierIndiana Supreme Court · 1882

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