Columbus & Indianapolis Central Railway Co. v. Arnold
Indiana Supreme Court
APPEAL from the Marion Common Pleas. This.was an action by James II. Arnold, as administrator of James II. Scott, deceased, against the Columbus and Indianapolis Central Railway Company, the appellant, for causing the death of the decedent, an employee of the company. The suit was brought for the benefit of two infant sons of the deceased, who are his only children and heirs at law. The complaint is in two paragraphs.
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APPEAL from the Marion Common Pleas. This.was an action by James II. Arnold, as administrator of James II. Scott, deceased, against the Columbus and Indianapolis Central Railway Company, the appellant, for causing the death of the decedent, an employee of the company. The suit was brought for the benefit of two infant sons of the deceased, who are his only children and heirs at law. The complaint is in two paragraphs. The first paragraph alleges, that the decedent had been in the employ of the appellant, as fireman on a freight engine, for about two months, when, on the morning of the 5th of…
1Opinion of the CourtElliott, C. J.
The first question in the case is presented. by the demurrer to the complaint, which was overruled by the court. We think there was no error in that ruling.. The complaint alleges, that the engine was old, and the boil- • er was so worn' and defective that it was unsafe, and its use involved great peril to the lives of the employees, of which • the appellant had full notice, though the deceased was ignorant thereof, and that the appellant, knowing the unsafe condition of the engine, negligently and carelessly caused it to be used in drawing the express train;- that by.'reason 'of its…
2Cases cited12 opinions
- Wright v. . New York Central Railroad CompanyNew York Court of Appeals · 1862
- Ohio & Mississippi Railroad v. TindallIndiana Supreme Court · 1859
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
- Slattery's Administrator v. Toledo & Wabash Railway Co.Indiana Supreme Court · 1864
7 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Indiana Car Co. v. ParkerIndiana Supreme Court · 1885
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
- Indiana, Bloomington & Western Railway Co. v. DaileyIndiana Supreme Court · 1887
- Indianapolis & Greenfield Rapid Transit Co. v. ForemanIndiana Supreme Court · 1904
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
43 more not listed; retrieve them via the Exa API.