Bottorff v. South Construction Co.
Indiana Supreme Court
From Clark Circuit Court; Harry C. Montgomery, Judge. Action by Homer Bottorff, by his next friend Harvey Bottorff, against The South Construction Company. From a judgment for defendant, the plaintiff appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtErwin, J.
1. This action was brought by appellant seeking to recover damages from appellee for personal injuries. The court below sustained a demurrer to the complaint. The ruling on this demurrer presents the only question for our consideration. The complaint, omitting formal parts, is as follows: “The plaintiff, Homer Bottorff, complains of the defendant, the South Construction Company, and says that the plaintiff is an infant twelve years of age and prosecutes this action by his father, Harvey Bottorff, his next friend. That the defendant is now and has been for more than two years last past, a…
2Cases cited4 opinions
- Coolbroth v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1904
- New York, Chicago & St. Louis Railroad v. PerrigueyIndiana Supreme Court · 1893
- Roberts v. Terre Haute Electric Co.Indiana Court of Appeals · 1905
- Peterson v. HaffnerIndiana Supreme Court · 1877
3Cited by22 opinions
- State, Ind. State Highway Com'n v. SpeidelIndiana Court of Appeals · 1979
- Indianapolis Railways, Inc. v. WilliamsIndiana Court of Appeals · 1945
- Fuller v. ThrunIndiana Court of Appeals · 1941
- McCutcheon v. StateIndiana Supreme Court · 1927
- Bridges v. Kentucky Stone Co., Inc.Indiana Supreme Court · 1981
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