Legal Opinion
Chicago & Eastern Illinois Railroad v. Modesitt
Indiana Supreme Court
Decided June 3, 1890No. 14,243PublishedCited by 23 opinions
From the Vigo Superior Court.
1Opinion of the CourtElliott, J.
The appellee seeks to recover the value of three horses killed on the track of the appellant, near the village of Atherton, in Vigo county.
The answer of the appellant was not challenged, in any form, in the trial court, and it can not be successfully assailed here for the first time. The statutory provision permitting a pleading to be questioned by an assignment of errors in this court does not apply to answers.
The appellant offered to prove, by expert witnesses, what would be the effect of putting a cattle-guard under the tracks at the place where the horses entered upon the track, and the…
2Cases cited8 opinions
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Carthage Turnpike Co. v. AndrewsIndiana Supreme Court · 1885
- Indiana, Bloomington & Western Railway Co. v. HaleIndiana Supreme Court · 1884
- Fort Wayne, Cincinnati & Louisville Railroad v. HerboldIndiana Supreme Court · 1884
- Evansville & Terre Haute Railroad v. TiptonIndiana Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Metropolitan Life Insurance v. WagnerCourt of Appeals of Texas · 1908
- Louisville, New Albany & Chicago Railway Co. v. HughesIndiana Court of Appeals · 1891
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. De BoltIndiana Court of Appeals · 1894
- Hamrick v. State ex rel. HamrickIndiana Supreme Court · 1893
- Chicago & Indiana Coal Railway Co. v. De BaumIndiana Court of Appeals · 1891
18 more not listed; retrieve them via the Exa API.