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CARMICHAEL v. B. & O.R. CO.

No. 18,169.

121 Ind. App. 463 (1951)

98 N.E.2d 698

CARMICHAEL v. THE BALTIMORE & OHIO RAILROAD COMPANY.

Court of Appeals of Indiana.

Rehearing denied June 19, 1951.

Attorney(s) appearing for the Case

Jerdie D. Lewis, of Terre Haute; Ralph S. McQueen; and Craig & Craig, both of Brazil, for appellant.

Beasley & Beasley, of Terre Haute; and Harvey L. Fisher, of Brazil, for appellee.

WILTROUT, C.J.

Appellant brought this action to recover damages for injuries received when the automobile which he was driving ran into the side of a moving freight train.

A demurrer to appellant's amended complaint was sustained. Appellant refused to plead further and judgment was entered against him. He assigns as error the sustaining of the demurrer.

The allegations of the complaint material to this...

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