Tarnowski v. Lake Shore & Michigan Southern Railway Co.
Indiana Supreme Court
Prom St. Joseph. Circuit Court; Walter A. Funk, Judge. Action by William Tarnowski against the Lake Shore and Michigan Southern Railway Company. Prom a judgment for defendant, the plaintiff appeals. (Transferred from the Appellate Court under subd. 1, §1392 Burns 1908, Acts 1907 p. 237, §1.)
1Opinion of the CourtMorris, C. J.
Appellant sued appellee for damages, for the alleged wilful infliction of injuries on appellant’s minor son, resulting in the latter’s death. The complaint alleges that the decedent was a trespasser, riding on appellee’s freight train, and, while .the train was running at a high rate of speed, appellee’s brakeman, William J. Hunt, while acting within the scope of his authority to eject trespassers from trains, wilfully kicked and shoved decedent from the *204rapidly moving train, and thereby caused his death. The cause was submitted, for. trial, to a jury, but, at the close of appellant’s…
2Cases cited5 opinions
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
- Peabody-Alwert Coal Co. v. YandellIndiana Supreme Court · 1913
- Grand Rapids & Indiana Railroad v. EllisonIndiana Supreme Court · 1889
- Lake Shore & Michigan Southern Railway Co. v. PetersonIndiana Supreme Court · 1896
- Vaughan v. SmithIndiana Supreme Court · 1911
3Cited by5 opinions
- Yellow Cab Co. v. KruszynskiIndiana Court of Appeals · 1935
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Farmers Trust & Savings Co.Indiana Supreme Court · 1915
- Zollman v. Baltimore & Ohio Southwestern RailroadIndiana Court of Appeals · 1918
- Vann v. Vernon General InsuranceIndiana Court of Appeals · 1956
- Vann v. Vernon General InsuranceIndiana Court of Appeals · 1956