Cincinnati, Hamilton & Dayton Railroad v. Gross
Indiana Supreme Court
From Shelby Circuit Court; Alonzo Blair, Judge. Action by Carl Gross against the Cincinnati, Hamilton and Dayton Railroad Company. From a judgment for plaintiff, the defendant appeals. (Transferred from the Appellate Court under §1394 Burns 1914, Acts 1901 p. 565.)
1Opinion of the CourtSpencer, J.
This is an appeal from a judgment for $3,000 recovered by appellee on account of personal injuries sustained by him while in the employ of appellant as a railroad brakeman. The only error assigned challenges the ruling of the circuit court in denying appellant’s motion for a new trial, and under this assignment certain instructions given and refused are first questioned. Instruction No. 1, given by the court on its own motion, sets out in substance the allegations of appellee’s complaint, and it was followed by instruction No. 2 which in effect told the jury that if appellee should prove all…
Also in this document: Dissent.
2Cases cited10 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Ohio & Mississippi Railway Co. v. SteinIndiana Supreme Court · 1892
- Towles v. McCurdyIndiana Supreme Court · 1904
- Gilchrist v. HatchIndiana Supreme Court · 1914
- Farmers National Bank v. CoynerIndiana Court of Appeals · 1909
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3Cited by17 opinions
- Prudential Insurance Co. of America v. RitcheyIndiana Supreme Court · 1918
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Federal Life Insurance v. MaxamIndiana Court of Appeals · 1917
- Kelley v. DickersonIndiana Supreme Court · 1938
- Myers v. StateIndiana Supreme Court · 1922
12 more not listed; retrieve them via the Exa API.