Legal Opinion

Caldwell v. Alley

Indiana Court of Appeals

Decided May 29, 1919No. 9,847PublishedCited by 6 opinions

From Morgan Circuit Court; A. M. Bain, Special Judge. Action by Emery B. Caldwell agáinst Jesse L. Alley, doing business under the firm name and style of the North Side Sand and Gravel Company, and others. From an adverse judgment, the plaintiff appeals.

1Opinion of the CourtNichols, P. J.

This is an action by appellant against the appellees to recover damages for the death of his son by electrocution in Fall creek, a stream running through the city of Indianapolis, Marion county, Indiana. The amended complaint upon which the appellant went to trial was in one paragraph. When the appellant closed his evidence appellee city of Indianapolis filed its motion to instruct the jury in its favor, and appellee Indianapolis Light and Heat Company filed its motion to the same effect. The appellant then dismissed the action as to defendant Alley. Each of the motions to instruct the jury…

2Cases cited15 opinions

  1. Westfall v. WaitIndiana Supreme Court · 1905
  2. Mitchell v. Raleigh Electric Co.Supreme Court of North Carolina · 1901
  3. Jacobs v. JolleyIndiana Court of Appeals · 1902
  4. Lewis' Adm'r v. Bowling Green Gas Light Co.Court of Appeals of Kentucky · 1909
  5. City of Evansville v. SenhennIndiana Supreme Court · 1897

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3Cited by6 opinions

  1. Butler v. City of PeruIndiana Supreme Court · 2000
  2. Northern Indiana Public Service Co. v. East Chicago Sanitary DistrictIndiana Court of Appeals · 1992
  3. Downs v. Panhandle Eastern Pipeline Co.Indiana Court of Appeals · 1998
  4. Aurentz v. NiermanIndiana Court of Appeals · 1921
  5. N. Ind. Pub. Serv. v. E. CHICAGO SAN. D.Indiana Court of Appeals · 1992

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