Legal Opinion

Union Traction Co. v. Lowe

Indiana Court of Appeals

Decided June 24, 1903No. 4,372PublishedCited by 9 opinions

From Delaware Circuit Court; J. G. Leffler, Judge. Action by George Lowe against the Union Traction Company of Indiana. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtHenley, J.

Appellee’s complaint in this ease was in two paragraphs, in both of which he seeks to recover damages for an alleged personal injury sustained by him while a passenger in one of appellant’s cars in the city of Muncie.

*337Tlie first paragraph of the complaint proceeds upon the theory that the injury complained of was caused hy appellant’s negligence. This paragraph of complaint states a cause of action, and appellant’s demurrer thereto was properly overruled.

The second paragraph of complaint proceeds upon the theory that the alleged injury was wilfully inflicted. The averments of appellee’s…

2Cases cited4 opinions

  1. Gregory v. Cleveland, Columbus, Cincinnati & Indianapolis RailroadIndiana Supreme Court · 1887
  2. Kalen v. Terre Haute & Indianapolis RailroadIndiana Court of Appeals · 1897
  3. Indianapolis Street Railway Co. v. TaylorIndiana Supreme Court · 1902
  4. Walker v. WehkingIndiana Court of Appeals · 1902

3Cited by9 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. FerrellIndiana Court of Appeals · 1906
  2. Southern Railway Co. v. McNeeleyIndiana Court of Appeals · 1909
  3. Vandalia Railroad v. ClemIndiana Court of Appeals · 1911
  4. Wabash Railroad v. ReynoldsIndiana Court of Appeals · 1908
  5. Zimmerman v. BoyntonNorth Dakota Supreme Court · 1930

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