Legal Opinion

McElwaine-Richards Co. v. Wall

Indiana Supreme Court

Decided December 8, 1905No. 20,591PublishedCited by 9 opinions

Erom Tipton Circuit Court; B. F. Harness, Judge pro tem. Action by John Wall against tbe McElwaine-Ricbards Company. From a judgment on a verdict for plaintiff for $2,500, defendant appeals. Transferred from Appellate Court under §1337u Burns 1901, Acts 1901, p. 590.

1Opinion of the CourtMontgomery, J.

—This action was brought in the Hamilton Circuit Court by appellee to recover damages for a personal injury sustained while in appellant’s employ. The venue was transferred to the Tipton Circuit Court, and, upon appeal from a judgment rendered therein, this court held the original complaint insufficient. McElwaine-Richards Co. v. Wall (1902), 159 Ind. 557. An amended complaint, consisting of two paragraphs, was subsequently filed, and demurrers to the same were overruled. The issues were closed by an answer in general denial, and a trial by jury resulted in a verdict and judgment for appellee.

2Cases cited11 opinions

  1. Brazil Block Coal Co. v. HoodletIndiana Supreme Court · 1891
  2. Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
  3. Evansville & Richmond Railroad v. MadduxIndiana Supreme Court · 1893
  4. McElwaine-Richards Co. v. WallIndiana Supreme Court · 1902
  5. Day v. Cleveland, Columbus, Cincinnati & St. Louis Railway Co.Indiana Supreme Court · 1894

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3Cited by9 opinions

  1. Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
  2. Meno v. StateIndiana Supreme Court · 1925
  3. M. A. Long Co. v. State Accident FundCourt of Appeals of Maryland · 1929
  4. Richey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1911
  5. Decatur v. Chas. H. Tompkins Co.Court of Appeals for the D.C. Circuit · 1928

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