Richey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Indiana Supreme Court
From Bartholomew Circuit Court; Marshall Hacker, Judge. Action by Walter C. Richey against the Cleveland, Cincinnati, Chicago and St. Louis Railway Company. Prom a judgment for defendant, plaintiff appeals. Transferred from Appellate Court (see 47 Ind. App. 123) under §1429 Burns 1908, Acts 1893 p. 29, §3.
1Opinion of the CourtMyers, J.
This cause was transferred to the Supreme Court by the Appellate Court with its recommendations.
Appellant instituted an action for damages for personal injuries. Two paragraphs of complaint were filed, one of which was withdrawn, and a demurrer was sustained to the other, from which ruling plaintiff appeals.
The material allegations of the complaint on the subject of the negligence claimed are that on March 27, 1905, plain*544tiff was an employe in the service of defendant, doing common labor as a section-hand in repairing and maintaining the railroad tracks of the defendant, and doing other…
2Cases cited55 opinions
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- Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
- Cotting v. Kansas City Stock Yards Co.Supreme Court of the United States · 1901
- Louisville & Nashville Railroad v. MeltonSupreme Court of the United States · 1910
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
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3Cited by13 opinions
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- Bennett v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1911
- Chicago & Erie Railroad v. LainIndiana Supreme Court · 1914
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