Indiana Supreme Court, 1919

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Gallivan

Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Gallivan
Indiana Supreme Court · Decided January 7, 1919 · Spencer
188 Ind. 722; 121 N.E. 446; 1919 Ind. LEXIS 101
Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. Gallivan

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Opinion of the Court

Spencer, J.

— The issues presented by this appeal are identical with those which were considered in Pittsburgh, etc., R. Co. v. Miller (1918), 187 Ind. 684, 119 N. E. 801, and, on the authority of that decision, we hold in this case that the trial court erred in sustaining appellee’s demurrer to appellant’s fifth paragraph of answer.

Judgment reversed, with instructions to overrule the demurrer to said fifth paragraph of answer and for further proceedings not inconsistent herewith.

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