Toledo, St. Louis & Kansas City Railroad v. Wingate

Indiana Court of Appeals

Toledo, St. Louis & Kansas City Railroad v. Wingate

42 N.E. 491, 14 Ind. App. 698, 1895 Ind. App. LEXIS 356

CourtIndiana Court of Appeals

DecidedDecember 19, 1895

DocketNo. 1,064

StatusPublished

This text of 42 N.E. 491 (Toledo, St. Louis & Kansas City Railroad v. Wingate) 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

Toledo, St. Louis & Kansas City Railroad v. Wingate, 42 N.E. 491, 14 Ind. App. 698, 1895 Ind. App. LEXIS 356 (Ind. Ct. App. 1895).

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Opinion

Lotz, J.

The facts of this case so far as the questions of negligence and contributory negligence are concerned, are the same as in the case of Toledo, etc., R. R. Co. v. Wingate, decided by the Supreme Court, 37 N. E. Rep. 274. This case and that arose out of the same transactions. The complaint in that case was held insufficient.

There is a slight difference in the allegations in that case and in this; but as the facts are the same, this cause is reversed on the authority of that case, with instructions to sustain the motion for a new trial, with leave to appellee to amend his complaint.

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Lotz, J.

The facts of this case so far as the questions of negligence and contributory negligence are concerned, are the same as in the case of Toledo, etc., R. R. Co. v. Wingate, decided by the Supreme Court, 37 N. E. Rep. 274. This case and that arose out of the same transactions. The complaint in that case was held insufficient.

There is a slight difference in the allegations in that case and in this; but as the facts are the same, this cause is reversed on the authority of that case, with instructions to sustain the motion for a new trial, with leave to appellee to amend his complaint.

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Bluebook (online)

42 N.E. 491, 14 Ind. App. 698, 1895 Ind. App. LEXIS 356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toledo-st-louis-kansas-city-railroad-v-wingate-indctapp-1895.