Legal Opinion

Louisville, New Albany & Chicago Railway Co. v. Cauley

Indiana Supreme Court

Decided May 27, 1889No. 13,250PublishedCited by 8 opinions

From the Montgomery Circuit Court.

1Opinion of the Court

Elliott, C. J. —

The appellees’ complaint contains three paragraphs, all seeking to recover damages for property burned by fire escaping from the track or locomotives of the appellant. The appellant unsuccessfully demurred to each of the paragraphs.

The objection that all of the paragraphs are bad because they do not specifically state the facts constituting the negligence imputed to the appellant, is not valid. It has often been decided by our own and other courts, that a failure to state, in detail, the facts constituting negligence, does not render a pleading bad on demurrer. Ohio, etc., R.…

2Cases cited3 opinions

  1. City of North Vernon v. VoeglerIndiana Supreme Court · 1885
  2. Crosby v. JerolomanIndiana Supreme Court · 1871
  3. City of Lafayette v. NagleIndiana Supreme Court · 1888

3Cited by8 opinions

  1. Kirkpatrick v. ReevesIndiana Supreme Court · 1889
  2. Louisville, New Albany & Chicago Railway Co. v. BerkeyIndiana Supreme Court · 1893
  3. Gates v. ScottIndiana Supreme Court · 1890
  4. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. WilsonIndiana Supreme Court · 1903
  5. Elkhart Paper Co. v. FulkersonIndiana Court of Appeals · 1905

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