Legal Opinion

Payne v. Shelton

Indiana Court of Appeals

Decided March 31, 1922No. 11,272PublishedCited by 1 opinion

From Jennings Circuit Court; John R. Carney, Judge. Action by Earl Shelton against John Barton Payne, Director General of Railroads, Agent. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtNichols, J.

— Appellee was a section hand on the Baltimore and Ohio Southwestern Railroad, then being operated by the United States Government. The railroad company was originally a party defendant, but the cause was finally tried on the amended complaint, with appellant as the sole party defendant.

There was a motion to make the amended complaint more specific, which was overruled; a demurrer to the *125amended complaint which was overruled, and a trial by jury which resulted in a verdict of $1,500 for appellee, on which after appellant’s motion for a new trial -was overruled, judgment was rendered.

Appellant…

2Cases cited13 opinions

  1. Terre Haute v. PhillipsIndiana Supreme Court · 1921
  2. Lemasters v. Southern Pacific Co.California Supreme Court · 1900
  3. Louisville & Nashville Railroad v. BischIndiana Supreme Court · 1889
  4. Bunker v. Union Pacific RailroadUtah Supreme Court · 1911
  5. Lake Erie & Western Railroad v. MolloyIndiana Court of Appeals · 1922

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3Cited by1 opinion

  1. Terre Haute, Indianapolis & Eastern Traction Co. v. ScottIndiana Supreme Court · 1926

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