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American Car & Foundry Co. v. Applegate

85 N.E. 724, 42 Ind. App. 342, 1908 Ind. App. LEXIS 52
CourtIndiana Court of Appeals
DecidedOctober 9, 1908
DocketNo. 6,414
StatusPublished
Cited by9 cases

This text of 85 N.E. 724 (American Car & Foundry Co. v. Applegate) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Car & Foundry Co. v. Applegate, 85 N.E. 724, 42 Ind. App. 342, 1908 Ind. App. LEXIS 52 (Ind. Ct. App. 1908).

Opinion

Comstock, J.

Appellee recovered judgment for personal injuries sustained by him while in the employ of appellant. The complaint was based upon the second subdivision of section one of the employers’ liability act (Acts 1893, p. 294, §8017 Burns 1908).

A demurrer to the complaint for want of facts was overruled, and appellants answered by general denial. The ruling on the demurrer is one of the errors assigned.

The statute upon which the complaint is based having been held unconstitutional as to private corporations by the Supreme Court, said ruling was erroneous. Bedford Quarries [343]*343Co. v. Bough (1907), 168 Ind. 671, 14 L. R. A. (N. S.) 418; Standard Cement Co. v. Minor (1908), ante, 231.

Judgment reversed, with instructions to sustain appellant’s demurrer to the complaint.

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Cite This Page — Counsel Stack

Bluebook (online)
85 N.E. 724, 42 Ind. App. 342, 1908 Ind. App. LEXIS 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-car-foundry-co-v-applegate-indctapp-1908.