Smith v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.
Indiana Court of Appeals
From Dearborn Circuit Court; Warren N. Hauck# Judge. Action by Susie Smith, administratrix, of the estate of Frank Hiett, deceased, against the Cleveland, Cincinnati, Chicago and St. Louis Railway Company. Frofn a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtBatman, J.
This is an action by appellant against appellee to recover damages on account of the death of appellant’s decedent, alleged to have been caused by appellee’s wrongful acts. The complaint is in three paragraphs; the first being grounded on the alleged negligence of the appellee in failing to establish and enforce proper and safe rules for the management of its trains, and the negligent operation of its trains without such rules; the second, on alleged negligence in operating its trains under the circumstances and conditions described therein; and the third, upon the theory of the last clear…
2Cases cited41 opinions
- Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
- Indianapolis, Pittsburg, & Cleveland Railroad v. Keely's AdministratorIndiana Supreme Court · 1864
- Quincy Coal Co. v. HoodIllinois Supreme Court · 1875
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MilesIndiana Supreme Court · 1904
- Lake Erie & Western Railroad v. CharmanIndiana Supreme Court · 1903
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3Cited by22 opinions
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- Northern Indiana Power Company v. West, Admx.Indiana Supreme Court · 1941
- Bass v. StateIndiana Supreme Court · 1918
- Town of Argos v. HarleyIndiana Court of Appeals · 1943
- Abernathy v. McCoyIndiana Court of Appeals · 1926
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