Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Shea
Indiana Supreme Court
From Superior Court of Marion County (71,254); Vinson Carter, Judge. Action by Michael J. Shea against the Cleveland, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, defendant appeals. (Transferred from Appellate Court under §1399 Burns 1908, Acts 1901 p. 565, §15.)
1Opinion of the CourtMonks, C. J.
Appellee brought this action on appellant’s alleged written contract to pay an account held by appellee against a. contracting company engaged in constructing a roadway and tracks for appellant.
*305A trial resulted in a finding, and, over a motion for a new trial, a judgment in favor of appellee.
Each paragraph of the complaint is challenged in this court for the first time on the ground that it does not state facts sufficient to constitute a cause of action. The overruling of appellant’s motion for a new trial is also assigned as error.
It is alleged in the first paragraph of the complaint that…
2Cases cited19 opinions
- Lowe v. TurpieIndiana Supreme Court · 1896
- Peters v. BantaIndiana Supreme Court · 1889
- Potter Manufacturing Co. v. A. B. Meyer & Co.Indiana Supreme Court · 1909
- Colchen v. NindeIndiana Supreme Court · 1889
- Cincinnati, Richmond & Muncie Railroad v. SheraIndiana Court of Appeals · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schmitt v. WeilIndiana Court of Appeals · 1910
- Moon v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1923