Van Winkle v. New York, Chicago & St. Louis Railroad
Indiana Court of Appeals
From "Whitley Circuit Court; Joseph W. Adair, Judge. Action by Isaac Van "Winkle against the New York, Chicago & St. Louis Railroad Company. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtRobinson, P. J.
Appellant refused to plead further when the court sustained a demurrer to his complaint, and appellee was given judgment for costs.
In the city of Ft. Wayne, appellee has two lines of track running east and west across Ewing street. On October 24, 1901, appellant, nearly seventy-five, years old, stooped in form, walking with the aid of a cane, impaired in sight and hearing, and decrepit and infirm in physical strength, was walking south on Ewing street, and, as he was about to cross appellee’s tracks, a long freight-train, coming in from the west on the south track, impeded his progress in…
2Cases cited14 opinions
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Lake Shore & Michigan Southern Railroad v. MillerMichigan Supreme Court · 1872
- Oleson v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1896
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. HowardIndiana Supreme Court · 1890
- Allyn v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
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3Cited by5 opinions
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- Lake Shore & Michigan Southern Railway Co. v. BrownIndiana Court of Appeals · 1908
- Chicago & Eastern Illinois Railroad v. CoonIndiana Court of Appeals · 1911
- Southern Indiana Railway Co. v. DrennenIndiana Court of Appeals · 1909
- Fort Wayne & Wabash Valley Traction Co. v. MillerIndiana Court of Appeals · 1911