Indiana Supreme Court, 1864

Indianapolis & Cincinnati Railroad v. Adkins

Indiana Supreme Court · Decided November 15, 1864 · Elliott

23 Ind. 345

Cases that cite this one

1 later published case cites this decision.

Hunt v. Lake Shore & Michigan Southern Railway Co. (Ind. 1887)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Elliott, J.

Adkins sued the railroad company, under the statute, to recover the value of a horse and colt, killed by the locomotive and train of the company where the *346roacl passes through the land of John Whitlow. Answer in denial; trial by jury; verdict for the plaintiff; motion for new trial by defendant overruled; and judgment on the verdict of the jury.

Thomas A. Hendricks, Oscar B. Iiord, and Gortez Ewing, for appellant. John S. Scobey, for appellee.

The animals for which this suit is brought were killed at the same time as those in the case of the same Railroad Company v. Robert Adkins, decided at the present term of this court;' and the same questions precisely arise in this case on the pleadings, evideuce, and instructions asked and refused by the court, and motion for new trial, as in that case. This case is therefore reversed for the same reasons given iu that.

Judgment reversed, with costs', and the cause remanded for a new trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.