Legal Opinion

Indianapolis Street Railway Co. v. O'Donnell

Indiana Court of Appeals

Decided January 27, 1905No. 4,878Published

From Superior Court of Marion County (G4,138) ; Vinson Carter, Judge. Action by James O’Donnell against the Indianapolis Street Railway Company. From a judgment for plaintiff, defendant appeals.

1Opinion

On 'Petition for Rehearing.

Roby, J.

Appellant’s learned counsel have filed a brief in support of the petition for rehearing, in which they state their position with earnestness and unusual candor. The legal propositions heretofore expressed are not controverted, but a line of argument is presented which is entitled to more than passing attention.

16. Negligence justifying the recovery of damages by one thereby injured must be unmixed negligence. No legal proposition is more firmly established, and nothing herein-held or said in fact or effect questions or militates against the doctrine. The…

2Cases cited3 opinions

  1. Chicago City Railway Co. v. O'DonnellIllinois Supreme Court · 1904
  2. Moran v. LeslieIndiana Court of Appeals · 1904
  3. Chicago City Railway Co. v. O'DonnellIllinois Supreme Court · 1904

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