Legal Opinion
Duffy v. Gleason
Indiana Court of Appeals
Decided November 27, 1900No. 3,235PublishedCited by 4 opinions
From the Clark Circuit Court.
1Opinion of the CourtRobinson, J.
Appellee recovered a judgment for damages for personal injuries resulting from a collision between a tugboat and a coal barge on the Ohio river. The errors assigned question the sufficiency of the complaint, the *181court’s ruling sustaining a demurrer to the second paragraph of answer, and overruling the motion for a new trial.
The only objection made to the sufficiency of the complaint is that it fails sufficiently to aver negligence. The injury arose from a collision between vessels, and it is quite true that the averment simply that there was a collision would not show negligence. But it is…
2Cases cited11 opinions
- Louisville, New Albany & Chicago Railway Co. v. JonesIndiana Supreme Court · 1886
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1885
- Cincinnati, Hamilton & Dayton R. R. v. ChesterIndiana Supreme Court · 1877
- Schoonmaker v. GilmoreSupreme Court of the United States · 1880
- Chappell v. BradshawSupreme Court of the United States · 1888
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3Cited by4 opinions
- Apperson v. LazroIndiana Court of Appeals · 1909
- Lake Erie & Western Railroad v. FikeIndiana Court of Appeals · 1905
- Campbell v. Indianapolis & Northwestern Traction Co.Indiana Court of Appeals · 1906
- Saginaw Bay Transportation Co. v. Portage Entry Quarries Co.Cuyahoga Circuit Court · 1907