Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Ervington
Indiana Court of Appeals
From Cass Circuit Court; J ohn 8. Lavry, Judge'. Action by Daisy Ervington, Administratrix of tbe Estate of "Walter Ervington, deceased, against Tbe Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtIbach, J.
Appellee brought this action for the negligent killing of her decedent at a, "public highway crossing near Kokomo, Indiana. The cause was tried on the first paragraph of the complaint. The trial was by jury and a verdict for appellee for $5,000 was returned. Over motion for new trial, judgment was rendered on the general verdict. The errors assigned bring in question the overruling of the demurrer to the complaint, and overruling the motion for new trial.
1. *3762. *3771. *374The complaint first avers facts to show the dangerous character of the crossing, and that it was a public crossing, with the…
2Cases cited22 opinions
- Missouri Pacific Railway Co. v. LeeTexas Supreme Court · 1888
- Ruhstrat v. PeopleIllinois Supreme Court · 1900
- Evansville & Terre Haute Railway Co. v. BerndtIndiana Supreme Court · 1909
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. TerrellIndiana Supreme Court · 1911
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Town of Crown PointIndiana Supreme Court · 1898
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3Cited by5 opinions
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- Maywood Stock Farm Importing Co. v. PrattIndiana Court of Appeals · 1915
- Lathrop v. SlaterDistrict Court, D. Alaska · 1920
- Pittsburgh, Cincinnati, Chicago & St. Louis Railroad v. CioffiIndiana Court of Appeals · 1924