Laws v. Hammond, Whiting & East Chicago Railway Co.
Indiana Court of Appeals
From LaPorte Circuit Court; James F. Gallaher, Judge. Action by John Laws, by his next friend, Francis Laws, against the Hammond, Whiting and East Chicago Railway Company. From a judgment for defendant, the plaintiff appeals.
1Dissent
Dissenting Opinion.
Remy, J.
Instruction No. 7 referred to in the prevailing opinion is as follows: “If you find from the evidence that the plaintiff knew that the defendant’s southbound car was approaching on its southbound track, or in the exercise of reasonable observation and care for his own safety might have known that the same was approaching, and notwithstanding such knowledge, if any, proceeded upon said track in front of said car and was struck and injured, then, under such circumstances, and if you so find, the plaintiff cannot recover.”
This instruction, which is mandatory in…
2Cases cited8 opinions
- Indianapolis Street Railway Co. v. MarschkeIndiana Supreme Court · 1906
- Indianapolis Street Railway Co. v. SchmidtIndiana Court of Appeals · 1904
- Indianapolis Street Railway Co. v. O'DonnellIndiana Court of Appeals · 1905
- Indianapolis Street Railway Co. v. TennerIndiana Court of Appeals · 1903
- Saylor v. Union Traction Co.Indiana Court of Appeals · 1907
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