Lake Erie & Western Railroad v. Parrish
Indiana Court of Appeals
From Tipton. Circuit Court; James F. Elliott, Judge. Action by Oliver Parrish against the Lake Erie and Western Railroad Company. From a judgment on a verdict for plaintiff for $1,500, defendant appeals.
1Opinion of the CourtMyers, J.
Appellee recovered a judgment against appellant on account of alleged injuries received on November 7, 1906, while in the employ of appellant as a freight brakeman. Appellee’s complaint is in two paragraphs, and is challenged in this court by the assignment of error that the complaint does not state facts sufficient to constitute a cause of action. Each paragraph is claimed to be defective for the reasons (1) that it does not appear that appellant was guilty of negligence proximately causing the injury of which the appellee complained, and (2) that the negligence of appellee materially…
2Cases cited5 opinions
- Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
- Indianapolis Traction & Terminal Co. v. SmithIndiana Court of Appeals · 1906
- Vandalia Coal Co. v. Indianapolis & Louisville Railway Co.Indiana Supreme Court · 1907
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. RogersIndiana Court of Appeals · 1909
- Southern Railway Co. v. RoachIndiana Court of Appeals · 1906
3Cited by4 opinions
- Harker v. GruhlIndiana Court of Appeals · 1916
- W. McMillen & Son v. HallIndiana Court of Appeals · 1915
- Sare v. Hoadley Stone Co.Indiana Court of Appeals · 1914
- Davis v. DraperSupreme Court of Arkansas · 1941