Evansville & Terre Haute Railroad v. Lipking
Indiana Supreme Court
From Posey Circuit Court; Heráis F. Clements, Judge. Action by Lillie S. Lipking, administratrix of tbe estate of John P. Lipking, deceased, against tbe Evansville and Terre Haute Railroad Company. From a judgment for plaintiff defendant appeals. (Transferred from the Appel- late Court under §1394 Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtSpencer, C. J.
*5741 *573. The first question presented by this appeal relates to the action of the trial court in overruling *574appellant’s demurrer to the fourth paragraph of appellee’s amended complaint, on which the case was tried. That pleading, so far as' material here, avers that appellant operated a line of railroad within the State of Indiana, and maintained a switch yard in Evansville, Indiana, which consisted of a main track and eight or nine adjacent switches on which were placed empty cars intended for use as well as ears not in transit and stored for future use, and on which switch tracks freight trains…
2Cases cited6 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GossettIndiana Supreme Court · 1909
- Wagner v. WagnerIndiana Supreme Court · 1915
- Richey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1911
- Terre Haute & Indianapolis Railroad v. RittenhouseIndiana Court of Appeals · 1901
- Chicago, Indianapolis & Louisville Railway Co. v. WilliamsIndiana Supreme Court · 1906
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3Cited by4 opinions
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1930
- Wagner v. WagnerIndiana Supreme Court · 1915
- State v. StellySupreme Court of Louisiana · 1922
- Mobile O. R. Co. v. WilliamsSupreme Court of Alabama · 1930