The Louisville, New Albany and Chicago Railway Company v. Schmidt
Decision Date | 17 September 1890 |
Docket Number | 14,029 |
Citation | 25 N.E. 149,126 Ind. 290 |
Parties | The Louisville, New Albany and Chicago Railway Company v. Schmidt, by Next Friend |
Court | Indiana Supreme Court |
C. L. Jewett, G. W. Friedley, G. R. Eldridge, E. C. Field and C. C. Matson, for appellant.
D. C. Anthony and L. M. Ninde, for appellee.
This is an action for damages for negligence on the part of the appellant, whereby the appellee was injured at a street crossing, in the city of New Albany. The case was once tried, resulting in a verdict and judgment against the appellant, and appeal taken to this court, and reversed for the insufficiency of the second paragraph of the complaint. Louisville, etc., R. W. Co. v. Schmidt, 106 Ind. 73, 5 N.E. 684. After the case was certified back the second paragraph of the complaint was dismissed by the appellee, and the cause retried on the first paragraph of the complaint, resulting in a verdict and judgment for the appellee, from which this appeal is prosecuted. The only question discussed by counsel for appellant in their brief is the sufficiency of the second paragraph of the complaint, alleging that the second trial was had upon the second paragraph. Since the filing of the appellant's brief the record has been corrected and properly certified, showing that the cause was dismissed as to the second paragraph, and that the second trial was had on the first paragraph. Since the correction of the record counsel have had ample time to correct their brief, and discuss any questions they desired.
Counsel for appellant having failed to discuss any question presented by the record, they have waived any that may have been involved by their assignment of error.
Judgment affirmed, with costs.
To continue reading
Request your trial-
Lake Shore & M.S. Ry. Co. v. Boyts
...and 38 N. E. 594; Railroad Co. v. Rush, 127 Ind. 545, 26 N. E. 1010; Railroad Co. v. Butler, 103 Ind. 31, 2 N. E. 138; Railroad Co. v. Schmidt, 126 Ind. 290, 25 N. E. 149, and 26 N. E. 45. It appears from the special verdict that the appellee was the special guest of his neighbor, Hamilton,......
-
Lake Shore And Michigan Southern Railway Co. v. Boyts
... ... 640 LAKE SHORE AND MICHIGAN SOUTHERN RAILWAY COMPANY v. BOYTS No. 1,881 Court of Appeals of Indiana January ... v ... Burton, 139 Ind. 357, 37 N.E. 150; Louisville, ... etc., R. W. Co. v. Rush, 127 Ind. 545, 26 N.E ... 647] ... Louisville, etc., R. R. Co. v. Schmidt, 126 ... Ind. 290, 25 N.E. 149 ... It ... Co ... v. Hammock, 113 Ind. 1, 14 N.E. 737; Chicago, ... etc., R. W. Co. v. Hedges, 118 Ind. 5, 20 N.E ... ...
-
The Louisville, New Albany And Chicago Railway Co. v. Rush
...26 N.E. 1010 127 Ind. 545 The Louisville, New Albany and Chicago Railway Company v. Rush No. 14,894Supreme Court of IndianaMarch 19, 1891 ... From ... the Carroll Circuit Court ... ... would come upon her, rear [127 Ind. 553] end in front, to ... crush her to death. Louisville, etc., R. W. Co. v ... Schmidt, 126 Ind. 290, 25 N.E. 149; Rauch ... v. Lloyd, 31 Pa. 358; Barry v. New York ... Central, etc., R. R. Co., 92 N.Y ... ...
-
Louisville v. Schmidt
... ... the appellee was injured at a street crossing in the city of New Albany. The case was once tried, resulting in a verdict and judgment against the ... ...