Legal Opinion

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

Indiana Court of Appeals

Decided October 8, 1907No. 6,095PublishedCited by 1 opinion

Prom Clark Circuit Court; Harry G. Montgomery, Judge. Action by Mary E. Sellers against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. Prom a judgment for defendant, plaintiff appeals.

1Opinion of the CourtComstock, C. J.

Appellant, plaintiff herein, asks damages for personal injury received by her in alighting from one of appellee’s passenger-trains. The complaint was in two paragraphs, to each of which a demurrer for want of facts was sustained, and judgment was rendered against appellant for costs. The only question presented is the sufficiency of the complaint.

Omitting the formal parts of the first paragraph, it alleges, in substance, that plaintiff purchased a ticket from defendant at Anderson, Indiana, for Louisville, Kentucky; that she embarked on one of defendant’s passenger-trains at Anderson; that…

2Cases cited10 opinions

  1. Pittsburgh, Cincinnati, & St. Louis Railway Co. v. NuzumIndiana Supreme Court · 1874
  2. Ohio & Mississippi R. W. Co. v. HattonIndiana Supreme Court · 1877
  3. Ohio & Mississippi Railway Co. v. ApplewhiteIndiana Supreme Court · 1876
  4. Smith v. Louisville, Evansville & St. Louis RailroadIndiana Supreme Court · 1890
  5. Cooper v. Lake Erie & Western RailroadIndiana Supreme Court · 1894

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3Cited by1 opinion

  1. Dixie Greyhound Lines, Inc. v. EverettMississippi Supreme Court · 1939

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