Legal Opinion

Mortimer v. Daub

Indiana Court of Appeals

Decided June 6, 1912No. 7,579PublishedCited by 8 opinions

From Superior Court of Allen County ; Owen N. Heaton, Judge. Action by Henry Daub against James D. Mortimer, receiver of the Toledo & Chicago Interurban Railway Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtHottel, C. J.

This is an action for personal injuries. The complaint was in three paragraphs, a demurrer to each of which was overruled. After the case proceeded to trial, the first paragraph was dismissed, and the case was submitted to the jury on a denial to the second and third paragraphs. The jury returned a general verdict for appellee in the sum of $1,000, with answers to interrogatories.

As no question is raised as to the sufficiency of either paragraph of the complaint, we set out briefly only enough of the averments to present the questions raised by the appeal.

These averments, common to both…

2Cases cited24 opinions

  1. Shields v. StateIndiana Supreme Court · 1897
  2. Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885
  3. Indiana, Bloomington & Western Railway Co. v. BarnhartIndiana Supreme Court · 1888
  4. Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
  5. Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906

19 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. J. Wooley Coal Co. v. TevaultIndiana Supreme Court · 1918
  2. Steiert v. CoulterIndiana Supreme Court · 1913
  3. Union Traction Co. v. BowenIndiana Court of Appeals · 1914
  4. Picken v. MillerIndiana Court of Appeals · 1915
  5. Indianapolis Traction & Terminal Co. v. PeelerIndiana Court of Appeals · 1919

3 more not listed; retrieve them via the Exa API.

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