Legal Opinion

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Cloud

Indiana Court of Appeals

Decided November 5, 1915No. 8,607Published

From Randolph. Circuit Court; James S. Engle, Judge. Action by Lena E. Cloud, administratrix of the estate of Charles Cloud; deceased, against The Cleveland, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, P. J.

Action for damages on account of the death of Charles Cloud, alleged to have been the result of appellant’s negligence. • The facts disclosed by the record are in the main concisely stated by appellee in her brief, and are substantially as follows: During the afternoon of December 12, 1911, Charles Cloud, the decedent, was driving north in a low buggy drawn by a pony, on Oak Street in. the incorporated town of Lynn, Indiana. Oak Street was sixty feet in width and was crossed at right angles by five of appellant’s tracks. The pony stopped frequently, probably balking, but would go forward when…

2Cases cited9 opinions

  1. Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
  2. Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
  3. Union Pacific Railway Co. v. CappierSupreme Court of Kansas · 1903
  4. Smith v. . R. R.Supreme Court of North Carolina · 1894
  5. Indiana Union Traction Co. v. LoveIndiana Supreme Court · 1912

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