Legal Opinion

Louisville, Evansville, & St. Louis Railroad v. Clarke

Supreme Court of the United States

Decided March 5, 1894No. 191PublishedCited by 80 opinions

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was an action brought by the executor of a deceased person under Rev. Stats. Indiana, § 284, against the plaintiff in error, defendant below, to recover damages for the death of the plaintiff’s testator alleged to have been caused by the wrongful act of the defendant.

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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF INDIANA. This was an action brought by the executor of a deceased person under Rev. Stats. Indiana, § 284, against the plaintiff in error, defendant below, to recover damages for the death of the plaintiff’s testator alleged to have been caused by the wrongful act of the defendant. The accident by which the plaintiff was injured was alleged to have taken place November 25, 1886, and the death to have happened by reason of his injuries February 23, 1888. The defendant demurred on the ground that the complaint did not state…

1Opinion of the CourtJustice Harlan

This action was brought April 28, 1888, by the executor of Augustine Clarke,-whose death, the plaintiff alleged, was caused by the wrongful act and omission of the defendant, the Louisville, Evansville and St. Louis Railroad Company, a carrier of passengers for hire. The gist of the action is the negligence of the company, its agents and servants,-in consequence of which the decedent,, on the 25th day of. November, 1886, while travelling on the defendant’s cars, in the State of Indiana, received injuries in his person from which death ensued. The plaintiff’s testator died February 23d, 1888.

Th…

2Cases cited5 opinions

  1. District of Columbia v. WoodburySupreme Court of the United States · 1890
  2. Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
  3. Texas & Pacific Railway Co. v. VolkSupreme Court of the United States · 1894
  4. Amos Wade v. Jacob R. Leroy and Henry E. PierrepointSupreme Court of the United States · 1858
  5. Nebraska City v. CampbellSupreme Court of the United States · 1863

3Cited by80 opinions

  1. Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
  2. Rogers v. TennesseeSupreme Court of the United States · 2001
  3. St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
  4. Russell v. Ingersoll-Rand Co.Texas Supreme Court · 1992
  5. Valeriano v. BronsonSupreme Court of Connecticut · 1988

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