Legal Opinion

American Car & Foundry Co. v. Applegate

Indiana Court of Appeals

Decided October 9, 1908No. 6,414PublishedCited by 9 opinions

Prom Clark Circuit Court, Harry C. Montgomery, Judge. Action by Prank M. Applegate against the American Car &' Foundry Company. Prom a judgment on a verdict for plaintiff for $800, defendant appeals.

1Opinion of the CourtComstock, J.

Appellee recovered judgment for personal injuries sustained by him while in the employ of appellant. The complaint was based upon the second subdivision of section one of the employers’ liability act (Acts 1893, p. 294, §8017 Burns 1908).

A demurrer to the complaint for want of facts was overruled, and appellants answered by general denial. The ruling on the demurrer is one of the errors assigned.

The statute upon which the complaint is based having been held unconstitutional as to private corporations by the Supreme Court, said ruling was erroneous. Bedford Quarries *343Co. v. Bough (1907), 168…

2Cases cited1 opinion

  1. Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907

3Cited by9 opinions

  1. State ex rel. Bingham v. Home Brewing Co.Indiana Supreme Court · 1914
  2. Southern Railway Co. v. HowertonIndiana Supreme Court · 1914
  3. Jenkins v. SteeleIndiana Court of Appeals · 1913
  4. State v. Terre Haute Brewing Co.Indiana Supreme Court · 1917
  5. State v. FairbanksIndiana Supreme Court · 1917

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