Ohio & Mississippi Railway Co. v. Smith
Indiana Court of Appeals
From the Scott Circuit Court.
1Opinion of the CourtBlack, J.
The question as to the sufficiency of the appellee’s complaint after verdict is presented under assignments that the complaint does not state facts sufficient to constitute a cause of action, and that the court erred in overruling the appellant’s motion in arrest of judgment.
The action was one for the recovery of damages for a personal injury sustained by the.appellee while a passenger upon the appellant’s freight train.
The objection urged against the complaint is that it does not show that the appellee was free from negligence.
In actions for negligence the complaint must contain an averment…
2Cases cited21 opinions
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Peters v. BantaIndiana Supreme Court · 1889
- Jeffersonville Railroad v. Hendricks' AdministratorIndiana Supreme Court · 1866
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3Cited by9 opinions
- Citizens' Street Railroad Co. of Indianapolis v. StoddardIndiana Court of Appeals · 1894
- McAfee v. BendingIndiana Court of Appeals · 1905
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WelchIndiana Court of Appeals · 1895
- Toledo, St. Louis & Kansas City Railroad v. WingateIndiana Supreme Court · 1894
- City of Indianapolis v. MossIndiana Court of Appeals · 1920
4 more not listed; retrieve them via the Exa API.