Lake Shore & Michigan Southern Railroad v. Butts
Indiana Court of Appeals
From Whitley Circuit Court; J. W. Adair, Judge. Action by John Butts against the Lake Shore & Michigan Southern Railway Company for personal injuries at a railroad crossing. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtRobinson, P. J.
Action by appellee for personal injuries at a street crossing. Appellant’s road, having at the place in question four tracks, runs east and west, crossing at grade a principal street in the city of Kendallville. Appellee approached the crossing with a team and load of hay, and appellant’s flagman at the crossing signaled for him to cross. There was at the time standing near the crossing a locomotive engine attached to a train of freight cars. The locomotive was not emitting any steam or making any noise. There was nothing to obstruct the view of appellee by appellant’s servants in charge of…
2Cases cited16 opinions
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GainesIndiana Supreme Court · 1885
- Norton v. Eastern RailroadMassachusetts Supreme Judicial Court · 1873
- Favor v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1874
- Lake Erie & Western Railway Co. v. JudayIndiana Court of Appeals · 1898
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3Cited by5 opinions
- Button v. Pennsylvania RailroadIndiana Court of Appeals · 1944
- Fares v. Rio Grande Western Railway Co.Utah Supreme Court · 1904
- Lake Erie & Western Railroad v. FikeIndiana Court of Appeals · 1905
- Bergeron v. Minneapolis & St. Louis Railway Co.South Dakota Supreme Court · 1916
- Tippecanoe Loan & Trust Co. v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1914