Legal Opinion

New York, Chicago & St. Louis Railroad v. Robbins

Indiana Court of Appeals

Decided December 15, 1905No. 5,415PublishedCited by 25 opinions

Action by Elam Eobbins, as administrator of the estate of Bertha Sherburn, deceased, against the New York, Chicago & St. Louis Eailroad Company. Erom a judgment on a verdict for plaintiff for $2,000, defendant appeals.

1Opinion of the CourtRobinson, J.

1. In appellee’s second paragraph of complaint for damages for the death of his decedent it is averred that appellant, by its servants, negligently drove the engine and train at an excessive and dan* gerous rate of speed; that the whistle was not sounded as required by statute; that the bell was not rung; and that the accident was caused by the “negligence of said defendant and its said servants as aforesaid.” The complaint does aver several acts of negligence, but it does not proceed upon the theory that the injury was the result of the combined effect of all the acts of negligence charged.…

2Cases cited15 opinions

  1. Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
  2. Chicago & Eastern Illinois Railroad v. HedgesIndiana Supreme Court · 1885
  3. Louisville, New Albany & Chicago Railway Co. v. CreekIndiana Supreme Court · 1892
  4. Pittsburgh, Cincinnati & St. Louis Railway Co. v. MartinIndiana Supreme Court · 1882
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BurtonIndiana Supreme Court · 1894

10 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Knoxville Ry. & Light Co. v. VangilderTennessee Supreme Court · 1915
  2. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StarksIndiana Court of Appeals · 1914
  3. Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. TerrellIndiana Supreme Court · 1911
  5. Indiana Union Traction Co. v. ScribnerIndiana Court of Appeals · 1911

20 more not listed; retrieve them via the Exa API.

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