Legal Opinion

Fort Wayne & Northern Indiana Traction Co. v. Schoeff

Indiana Court of Appeals

Decided June 26, 1914No. 8,368PublishedCited by 7 opinions

Prom Huntington Circuit Court; Samuel E. Cook, Judge. Action by Jacob Schoeff against the Port "Wayne and Northern Indiana Traction Company. Prom a judgment for plaintiff, the defendant appeals.

1Opinion of the CourtIbach, P. J.

Appellee brought this action to recover damages from appellant for personal injuries alleged to have been sustained by reason of a collision, due to appellant’s negligence, between one of appellant’s ears and an automobile which appellee was driving on a public highway in Huntington County.

In the first paragraph of complaint appellee avers that when approaching the crossing over appellant’s tracks he looked and listened for an approaching car and not seeing or hearing one he started to drive over the tracks, when appellant’s car negligently running at the rate of fifty miles an hour, without…

2Cases cited5 opinions

  1. Brommer v. Pennsylvania R.Court of Appeals for the Third Circuit · 1910
  2. Malott v. HawkinsIndiana Supreme Court · 1902
  3. New York Cent. & H. R. R. v. MaidmentCourt of Appeals for the Third Circuit · 1909
  4. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HeineIndiana Court of Appeals · 1902
  5. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WestIndiana Court of Appeals · 1904

3Cited by7 opinions

  1. Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
  2. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. DoveIndiana Supreme Court · 1916
  3. Rickert v. Union Pacific RailroadNebraska Supreme Court · 1916
  4. Waking v. Cincinnati, Indianapolis & Western RailroadIndiana Court of Appeals · 1920
  5. Union Traction Co. v. ElmoreIndiana Court of Appeals · 1917

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