Chicago & Erie Railroad v. Fretz
Indiana Supreme Court
From Marshall Circuit Court; Harry Berneiha, Judge. Action by Bessie H. Fretz against the Chicago and Erie Railroad Company. From a judgment on a verdict for plaintiff for $7,500, defendant appeals.
1Opinion of the CourtMyeks, J.
Action by appellee for damages caused 5y being struck by one of appellant’s trains at a highway crossing. The action was begun in Fulton county, and the venue was changed to the Marshall Circuit Court, where there was a trial, and judgment for appellee.
The complaint was in three paragraphs. The third was withdrawn by an instruction of the court, and errors are assigned on the ruling on the demurrers to the first and second paragraphs, on the overruling of the motions for judgment on the interrogatories and answers notwithstanding the general verdict, for a new trial, and in arrest of judgment.
2Cases cited18 opinions
- Consolidated Stone Co. v. SummitIndiana Supreme Court · 1899
- Wenning v. TeepleIndiana Supreme Court · 1895
- Malott v. HawkinsIndiana Supreme Court · 1902
- Cleveland, Cincinnati, Columbus & Indianapolis Railway Co. v. HarringtonIndiana Supreme Court · 1892
- Chicago, St. Louis & Pittsburgh Railroad v. SpilkerIndiana Supreme Court · 1893
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Vandalia Coal Co. v. YemmIndiana Supreme Court · 1910
- Indianapolis Traction & Terminal Co. v. MathewsIndiana Supreme Court · 1912
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. LynnIndiana Supreme Court · 1911
- Johnson v. Chicago & Northwestern Railway Co.South Dakota Supreme Court · 1946
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MacyIndiana Court of Appeals · 1915
17 more not listed; retrieve them via the Exa API.