Gary & Interurban Railroad v. Gunn

Indiana Supreme Court

Gary & Interurban Railroad v. Gunn

111 N.E. 183, 184 Ind. 306, 1916 Ind. LEXIS 119

CourtIndiana Supreme Court

DecidedJanuary 25, 1916

DocketNo. 22,956

StatusPublished

Cited by2 cases

This text of 111 N.E. 183 (Gary & Interurban Railroad v. Gunn) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gary & Interurban Railroad v. Gunn, 111 N.E. 183, 184 Ind. 306, 1916 Ind. LEXIS 119 (Ind. 1916).

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Opinion

Morris, C. J.

Appellee recovered judgment against appellant for $100 for personal injuries, sustained, as alleged, because of appellant’s negligence in suddenly starting a street car from which appellee was in the act of alighting. The only error assigned is the overruling of appellant’s demurrer to the complaint. It is contended that the complaint fails to allege that the alighting was at the destination for which she paid her fare, or at any customary stopping place, or that appellant knew she was in the act of alighting when injured. The alleged defect, is not “specified” in appellant’s memorandum to its demurrer, and consequently consideration of the point has been waived. Acts 1911 p. 415, §§344, 348 Burns 1914. Appellant seeks to present some other questions, but they are without merit. Judgment affirmed with ten per cent damages.

Note. — Reported in 111 N. E. 183. See, also, 31 Cyc Anno. 312.

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Morris, C. J.

Appellee recovered judgment against appellant for $100 for personal injuries, sustained, as alleged, because of appellant’s negligence in suddenly starting a street car from which appellee was in the act of alighting. The only error assigned is the overruling of appellant’s demurrer to the complaint. It is contended that the complaint fails to allege that the alighting was at the destination for which she paid her fare, or at any customary stopping place, or that appellant knew she was in the act of alighting when injured. The alleged defect, is not “specified” in appellant’s memorandum to its demurrer, and consequently consideration of the point has been waived. Acts 1911 p. 415, §§344, 348 Burns 1914. Appellant seeks to present some other questions, but they are without merit. Judgment affirmed with ten per cent damages.

Note. — Reported in 111 N. E. 183. See, also, 31 Cyc Anno. 312.

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Bluebook (online)

111 N.E. 183, 184 Ind. 306, 1916 Ind. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-interurban-railroad-v-gunn-ind-1916.

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