Lake Erie & Western Railroad v. Fleming
Indiana Supreme Court
From Jáy Circuit Court; Daniel W. Comstock, Special Judge. Action by Marshall Fleming against the Lake Erie and "Western Railroad Company. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1405 Burns 1914, Acts 1901 p. 590.)
1Opinion of the CourtCox, J.
— This appeal is from a judgment recovered by appellee against appellant for causing the death of appellee’s infant son by the alleged negligence of appellant’s employes in switching cars. The errors relied on for reversal are, (1) that the court erred in overruling appellant’s demurrer to the complaint, (2) that it erred in overruling its motion for judgment in appellant’s favor on answers to special interrogatories notwithstanding the general verdict in appellee’s favor, and (3) that it erred in overruling appellant’s motion for a new trial.
So far as material to the one objection urged by…
2Cases cited14 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Indiana, Bloomington & Western Railway Co. v. BarnhartIndiana Supreme Court · 1888
- Pomponio v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1895
- Schneck v. City of JeffersonvilleIndiana Supreme Court · 1898
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- New York Cent. RR Co. v. Wyatt, Admrx.Indiana Court of Appeals · 1962
- Sheridan v. SiudaIndiana Court of Appeals · 1971
- Gillam v. J. C. Penney Co.Court of Appeals for the Seventh Circuit · 1965
- Clark v. City of HuntingtonIndiana Court of Appeals · 1920
- Terre Haute, Indianapolis & Eastern Traction Co. v. FerrellIndiana Court of Appeals · 1928
5 more not listed; retrieve them via the Exa API.