Legal Opinion
Wabash, St. Louis & Pacific Railway Co. v. Johnson
Indiana Supreme Court
Decided May 28, 1884No. 10,849PublishedCited by 18 opinions
From the Fountain Circuit Court.
1Opinion of the CourtElliott, C. J.
It is settled by our decisions that a complaint for the recovery of damages resulting from the loss of property caused by negligence.in suffering fire to escape from railroad locomotives, and to be communicated to adjoining property, must show, either by direct averment or by the facts stated, that the negligence of the plaintiff did not contribute to the injury. It is not enough to show that the defendant was negligent; it must also be,made to appear that the plaintiff was without fault. Louisville, etc., R. W. Co. v. Lookridge, 93 Ind. 191; Pennsylvania Co. v. Gallentine, 77 Ind. 322;…
2Cases cited17 opinions
- Nave v. FlackIndiana Supreme Court · 1883
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Jackson School Township v. FarlowIndiana Supreme Court · 1881
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. JonesIndiana Supreme Court · 1882
- Louisville & Nashville Railroad v. KellyIndiana Supreme Court · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- New York, Chicago & St. Louis Railway Co. v. RoperIndiana Supreme Court · 1911
- Indiana, Bloomington & Western Railway Co. v. GreeneIndiana Supreme Court · 1886
- Louisville, New Albany & Chicago Railway Co. v. NitscheIndiana Supreme Court · 1890
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911
13 more not listed; retrieve them via the Exa API.