James v. Lake Erie & Western Railway Co.

This was an action by the appellant for damages for the refusal of the appellee to transport over its railway from New Castle, in Henry county, to Cambridge City, in Wayne county, the remains of his deceased wife.

The action as originaly instituted was' upon a com*616plaint for $1,000.00 as damages, and, upon a trial, resulting in a judgment in favor of this appellant for $400.00, was appealed to the Appellate Court, 10 Ind. App. 550, where the complaint was held to be insufficient to state a cause of action, in that it disclosed that no proper transit permit was obtained from the health officer…