Legal Opinion

City of Huntington v. Lusch

Indiana Supreme Court

Decided July 1, 1904No. 4,705PublishedCited by 10 opinions

From Huntington Circuit Court; J. C. Branyan, Judge. Action by John Lusch against the city of Huntington for damages for personal injuries and death of his horse. From a judgment on a verdict for $400, the defendant appealed to the Appellate Court. From a judgment of the Appellate Court (33 Ind. App. 476) defendant files his petition for a transfer to the Supreme Court under subdivision 2, §1337j Burns 1901.

1Opinion of the CourtJobdan, C. J.

Appellant petitions for a transfer of this canse from the first division of the Appellate Court, under the provisions of the second subdivision of §1337j Burns 1901. The general grounds assigned in the petition are (1) that the opinion of the Appellate, Court contravenes a ruling precedent of the Supreme Court; (2) that a new question of law is involved, which has been erroneously decided by the Appellate Court. The specific reasons stated in the petition in support of the general grounds relate to the holding of the Appellate Court in sustaining the trial court in refusing to give to the…

2Cases cited4 opinions

  1. Klein v. Nugent Gravel Co.Indiana Supreme Court · 1904
  2. Craig v. BennettIndiana Supreme Court · 1901
  3. Barnett v. Bryce Furnace Co.Indiana Supreme Court · 1901
  4. City of Huntington v. LuschIndiana Court of Appeals · 1904

3Cited by10 opinions

  1. Highshew v. KushtoIndiana Supreme Court · 1956
  2. Board of Commissioners v. GivenIndiana Supreme Court · 1907
  3. Avery v. Nordyke & Marmon Co.Indiana Supreme Court · 1905
  4. In re Aurora Gaslight, Coal & Coke Co.Indiana Supreme Court · 1917
  5. American Quarries Co. v. LayIndiana Supreme Court · 1906

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