Legal Opinion

Southern Indiana Railway Co. v. McCarrell

Indiana Supreme Court

Decided May 24, 1904No. 20,337PublishedCited by 9 opinions

From Orange Circuit Court; Thomas B. BusJcirk, Judge. Action by Charles McCarrell against tbe Southern Indiana Railway Company for damages for personal injuries. From a judgment for plaintiff rendered on a verdict for $3,500, the defendant appeals. Transferred from the Appellate Court under §1337u Burns 1901.

1Opinion of the CourtHadley, J.

This action is for personal injuries alleged to have been sustained by appellee because of the negligence of appellant in maintaining a highway crossing over appellant’s railroad.

The facts shown by the record, and which are material to a decision of the cause, are these: In 1890 the company constructed its railroad at grade over and across the highway known as the Bedford & Bloomington road. At the point of intersection was a cut several feet deep. The crossing was put by the company in a safe condition for public travel, and was so maintained until the year 1893. At that time the board of…

2Cases cited6 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. McIntoshIndiana Supreme Court · 1894
  2. Chicago & South Eastern Railway Co. v. State, ex rel. City of NoblesvilleIndiana Supreme Court · 1902
  3. Chicago, Indianapolis & Louisville Railway Co. v. State ex rel. ZimmermanIndiana Supreme Court · 1902
  4. Smith v. JeffriesIndiana Supreme Court · 1865
  5. Evansville & Terre Haute Railroad v. CarvenerIndiana Supreme Court · 1887

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

3Cited by9 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. ClarkIndiana Court of Appeals · 1912
  2. New York, Chicago & St. Louis Railroad v. SingletonIndiana Supreme Court · 1934
  3. Cincinnati, Indianapolis & Western Railway Co. v. City of ConnersvilleIndiana Supreme Court · 1908
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. NicholsIndiana Court of Appeals · 1921
  5. Indianapolis Union Railway Co. v. SampleIndiana Court of Appeals · 1915

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

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