Legal Opinion

Payne v. Burnett

Indiana Court of Appeals

Decided December 9, 1921No. 11,021PublishedCited by 2 opinions

From Dearborn Circuit Court; Charles A. Lowe, Judge. Action by Oscar Burnett against John Barton Payne, Director General of Railroads, agent. From a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtNichols, J.

— Action for personal injuries received at a railroad crossing.

It is averred in the complaint, in substance, that appellant’s railroad runs into Dearborn county, Indiana, and is named the Baltimore and Ohio Southwestern Railroad Company. On November 2, 1918, appellee was driving a farm wagon drawn by two horses upon a public highway which crosses the tracks of said railroad at Cold Springs Station, Dearborn county, Indiana. There were three tracks of railroad over which said highway crosses consisting of one side track on the north, one north main track, and one south main track. Appellant on…

2Cases cited6 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907
  2. Alleman v. WheelerIndiana Supreme Court · 1885
  3. Kinmore v. CresseIndiana Court of Appeals · 1913
  4. Baldwin Piano Co. v. AllenIndiana Supreme Court · 1918
  5. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. JonesIndiana Court of Appeals · 1912

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Pennsylvania Railroad v. MinkIndiana Court of Appeals · 1966
  2. Dombrenos v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1919

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