Legal Opinion

Baltimore & Ohio Southwestern Railroad v. Abegglen

Indiana Court of Appeals

Decided April 28, 1908No. 6,225PublishedCited by 5 opinions

Prom Clark Circuit Court; Harry C. Montgomery, Judge. Action by Lucy Abegglen, as administratrix of-the estate of Ulrich Abegglen, deceased, against the Baltimore & Ohio Southwestern Railroad Company. Prom a judgment on a verdict for plaintiff for $2,500, defendant appeals.

1Opinion of the CourtRabb, J.

Appellee’s intestate was killed in a collision with appellant’s engine and passenger-train at a highway crossing. The appellee’s administratrix sues to recover damages for her intestate’s death, charging that the same resulted from the negligence of the appellant. The complaint was in two paragraphs. A demurrer to each paragraph was overruled, answer filed, the cause tried by a jury, a verdict returned in favor of appellee, and judgment rendered on the verdict. Appellant’s motion for a new trial was overruled.

The questions presented by the record arise upon the action of the court in…

2Cases cited4 opinions

  1. Chicago, Indianapolis & Louisville Railway Co. v. BarkerIndiana Supreme Court · 1908
  2. Indianapolis, Decatur & Western Railway Co. v. WilsonIndiana Supreme Court · 1893
  3. Board of Commissioners v. CrevistonIndiana Supreme Court · 1892
  4. Nichols v. Baltimore & Ohio Southwestern RailroadIndiana Court of Appeals · 1904

3Cited by5 opinions

  1. Wabash Railroad v. McNownIndiana Court of Appeals · 1912
  2. Sprague v. Northern Pacific Railway Co.Montana Supreme Court · 1910
  3. Kinmore v. CresseIndiana Court of Appeals · 1913
  4. Tennis Co. v. DavisIndiana Court of Appeals · 1910
  5. New York Central Railroad v. VerpleatseIndiana Court of Appeals · 1945

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