Legal Opinion

Evansville & Southern Traction Co. v. Montgomery

Indiana Court of Appeals

Decided May 31, 1912No. 7,600PublishedCited by 1 opinion

From Vanderburgh Circuit Court, Curran A. DeBruler> Judge. Action by John Montgomery and another against the Evansville & Southern Traction Company. From a judgment for plaintiffs, the defendant appeals.

1Opinion of the CourtIbach, J.

— This was an action by appellees against appellant to recover the value of a horse killed by the falling of one of appellant’s posts.

Error is assigned in overruling the demurrers to the first and second paragraphs of complaint, and in overruling the motion for a new trial.

1. The first paragraph of complaint alleges that appellant corporation operates a system of street-cars on a certain highway near the city of Evansville; that the overhead feed wire which supplies power for this line is supported by posts set near each side of said highway, and there maintained by defendant; “that on said…

2Cases cited11 opinions

  1. Louisville, New Albany & Chicago Railway Co. v. ThompsonIndiana Supreme Court · 1886
  2. Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
  3. Greenawaldt v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1905
  4. Board of Commissioners v. HuffmanIndiana Supreme Court · 1892
  5. Evansville & Terre Haute Railroad v. KrapfIndiana Supreme Court · 1894

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3Cited by1 opinion

  1. Chesapeake & Ohio Railway Co. v. PerryIndiana Court of Appeals · 1919

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