Citizens' Street Railway Co. v. Abright
Indiana Court of Appeals
From the Hendricks Circuit Court.
1Opinion of the CourtGavin, J.
Appellee sued appellant for negligently running its cars against his horse and wagon.
It is settled law in Indiana, that the general averments of negligence in doing an act and freedom from contributory negligence, are sufficient as against a demurrer, unless the facts specifically set forth show them untrue. It is not requisite that the complaint should aver the particular acts constituting the proper care exercised by plaintiff. Ohio, etc., R. W. Co. v. Craycraft, 5 Ind. App. 335; Hindman v. Timme, 8 Ind. App. 416; Louisville, etc., R. W. Co. v. Berkey, 136 Ind. 181.
Under these authorities,…
2Cases cited13 opinions
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GramesIndiana Supreme Court · 1893
- Newark Passenger Railway Co. v. BlockSupreme Court of New Jersey · 1893
- Shea v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Louisville, New Albany & Chicago Railway Co. v. BerkeyIndiana Supreme Court · 1893
- Hicks v. Citizens' Railway Co.Supreme Court of Missouri · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- Evansville Street Railroad v. GentryIndiana Supreme Court · 1896
- Lake Erie & Western Railroad v. BraffordIndiana Court of Appeals · 1896
- Green v. EdenIndiana Court of Appeals · 1900
- Union Traction Co. v. VandercookIndiana Court of Appeals · 1904
9 more not listed; retrieve them via the Exa API.