Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Smith
Indiana Supreme Court
From Morgan Circuit Court; Fred B. Owens, Special Judge. Action by Albert R. Smith against the Pittsburgh, Cincinnati, Chicago and St. Louis Railroad Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtEwbank, J.
— This was an action by the appellee against the appellant for damages by reason of personal injuries sustained when the appellee was struck by a locomotive engine while he was working for the appellant as a switch tender. The appellee alleged and the parties stipulated that both were engaged in interstate commerce at the time of the injury.
The substance of the other allegations of the first paragraph of the complaint were that the appellant was engaged in operating a double-track railroad in the city of Indianapolis on which east-bound trains ordinarily ran on the south track and west-bound…
2Cases cited4 opinions
- Illinois Central Railroad v. CheekIndiana Supreme Court · 1899
- Scherer v. IngermanIndiana Supreme Court · 1887
- American Hominy Co. v. LaForgeIndiana Supreme Court · 1916
- McBeth-Evans Glass Co. v. BrunsonIndiana Court of Appeals · 1919
3Cited by2 opinions
- Baltimore & Ohio Southwestern Railroad v. BerdonIndiana Supreme Court · 1924
- Gibson v. JohnsonIndiana Court of Appeals · 1938