Vandalia Railroad v. McMains
Indiana Court of Appeals
Prom Putnam Circuit Court; John M. Bawley, Judge. Action by Eva McMains against the Vandalia Railroad Company. Prom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRoby, J.
This is an appeal from a judgment for $300 damages in favor of plaintiff against the Vandalia Railroad Company. The basis of liability is the alleged negligence of defendant in permitting steam to escape from one of its engines, which so frightened the horse plaintiff was driving that it ran away, upset the buggy, threw plaintiff out and injured her. Demurrers to the two paragraphs of complaint were overruled, answers were filed in general denial, and the ease was tried by a jury.
The error relied upon is the overruling of defendant’s ■motion for a new trial, which assigned as reasons therefor…
2Cases cited17 opinions
- Lamb v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1885
- Ft. Wayne Cooperage Co. v. PageIndiana Supreme Court · 1908
- Louisville, New Albany & Chicago Railroad v. SchmidtIndiana Supreme Court · 1897
- Louisville, New Albany & Chicago Railway Co. v. SchmidtIndiana Supreme Court · 1893
- Crocker v. HadleyIndiana Supreme Court · 1885
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3Cited by4 opinions
- Pardue v. Seven-Up Bottling Co. of IndianaIndiana Court of Appeals · 1980
- Stanley v. FisherIndiana Court of Appeals · 1981
- Weinand v. JohnsonIndiana Court of Appeals · 1993
- Pardue v. Seven-Up Bottling Co. of IndianaIndiana Court of Appeals · 1980