Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Osgood
Indiana Court of Appeals
Erom Superior Court of Marion County (62,074) ; Vinson Carter, Judge. Action by Henry S. Osgood as administrator of the estate of Thomas Holmes, deceased, against the Cleveland, Cincinnati, Chicago & St. Louis Railway Company. Erom a judgment on a verdict for $3,600, defendant appeals.
1Opinion of the CourtRoby, J.
Action for damages on-account of the death of Thomas Holmes, which it is alleged occurred through appellant’s negligence.
The primary question for decision, presented by the assignment of error that the court erred in overruling appellant’s motion for a new trial, is whether such action lies when t]ie beneficiaries designated by the statute are aliens, ■as the evidence discloses that the next of kin were. The question does not seem to have been decided in Indiana, and there is a hopeless conflict of authority in other states.
1. Our statute corresponding to “Lord Campbell’s act” is as follows:…
2Cases cited21 opinions
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- Jeffersonville, Madison, & Indianapolis R. R. v. HendricksIndiana Supreme Court · 1872
- Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
16 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lykiardopoulo v. New Orleans & C. R., Light & PowerSupreme Court of Louisiana · 1910
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- State v. ThompsonIndiana Court of Appeals · 1979
- New v. JacksonIndiana Court of Appeals · 1911
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. DixonIndiana Court of Appeals · 1911
15 more not listed; retrieve them via the Exa API.