S. W. Little Coal Co. v. O'Brien
Indiana Court of Appeals
From Gibson Circuit Court; Simon L. Vandeveer, Judge. Action by Alta O’Brien, administratrix of the estate of William A. O’Brien, deceased, against, the S. W. Little Coal Company. From a judgment for plaintiff, the defendant appeals.
1Opinion
On Petition for Rehearing.
Caldwell, C. J.
Appellee in support of a petition for a rehearing argues: First, ths it in actions brought under the act of 1911 (Acts 1911 p. 145, §8020a et seq. Burns 1914) *525contributory negligence is in no case a complete defense; and second, that if in any case it is a defense, the question of its existence as a controlling factor is under all circumstances one of fact for the jury, and that under no circumstances is it a question of law for the court.
20. 21. Appellees’ first contention is based on certain provisions of the first section of the act, to the effect…
2Cases cited9 opinions
- Vandalia Railroad v. StillwellIndiana Supreme Court · 1914
- Hoosier Stone Co. v. McCainIndiana Supreme Court · 1892
- Vivian Collieries Co. v. CahallIndiana Supreme Court · 1915
- Chicago & Erie Railroad v. MitchellIndiana Supreme Court · 1915
- S. W. Little Coal Co. v. O'BrienIndiana Court of Appeals · 1916
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