Draper v. Evansville & Terre Haute Railroad
Indiana Supreme Court
From Sullivan Circuit Court; Orion B. Harris, Judge. Action by Leone Draper against the Evansville & Terre Haute Railroad Company. From a judgment for defendant, plaintiff appeals. Transferred from Appellate Court under §133Ju Burns 1901, Acts 1901, p. 590.
1Opinion of the CourtGillett, J.
Action by appellant in two paragraphs to recover damages sustained by being compelled to wait out of doors, in inclement weather, for a train, by reason of the fact that appellee’s passenger station was closed. A demurrer was sustained to each paragraph of the complaint, and from the judgment which followed, this appeal is prosecuted. .
It seems to be agreed between the parties that the first paragraph seeks to allege facts showing the violation ,of a duty under §5188 Burns 1901, Acts 1895, p. 99, while the second paragraph is founded on the theory that there was a violation of a common-law…
2Cases cited8 opinions
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Indianapolis & Greenfield Rapid Transit Co. v. ForemanIndiana Supreme Court · 1904
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- American Rolling Mill Co. v. HullingerIndiana Supreme Court · 1903
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
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3Cited by4 opinions
- Chicago, R. I. & P. Ry. Co. v. StephensCourt of Appeals for the Sixth Circuit · 1914
- Chicago, R. I. & P. Ry. Co. v. GilmoreSupreme Court of Oklahoma · 1915
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HarveyIndiana Court of Appeals · 1910
- Sweany v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1912