Legal Opinion

Toledo, St. Louis & Western Railroad v. Pavey

Indiana Court of Appeals

Decided December 21, 1906No. 5,845PublishedCited by 2 opinions

From Parke Circuit Court; Gould 8. Rheuby, Judge. Action by William C. Pavey against the Toledo, St. Louis & Western Railroad Company. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtRoby, J.

Action by appellee. His amended complaint was in two paragraphs, to each of which a demurrer for want of facts was overruled, proper exceptions reserved,- and a general denial filed. Verdict for $3,500. Motions for a new trial and in arrest of judgment were overruled, and judgment was rendered upon the verdict.

Counsel have addressed their argument primarily to the assignment that the court erred in overruling appellant’s motion for a new trial, for the reason that the verdict is not sustained by sufficient evidence and is contrary to law. The theory of appellee’s complaint was that he had…

2Cases cited4 opinions

  1. Southern Indiana Railway Co. v. HarrellIndiana Supreme Court · 1903
  2. Meagher v. Crawford Laundry Machinery Co.Massachusetts Supreme Judicial Court · 1905
  3. Wolf v. TrinkleIndiana Supreme Court · 1885
  4. Clear Creek Stone Co. v. CarmichaelIndiana Court of Appeals · 1905

3Cited by2 opinions

  1. Richey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1911
  2. Terre Haute, Indianapolis & Eastern Traction Co. v. MaberryIndiana Court of Appeals · 1913

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