ELGIN, ETC., R. CO. v. SCHERER

No. 18,097.

121 Ind. App. 477 (1951)

98 N.E.2d 369

ELGIN, JOLIET & EASTERN RAILWAY COMPANY v. SCHERER.

Court of Appeals of Indiana.

Rehearing denied May 25, 1951.

Transfer denied June 20, 1951.


Attorney(s) appearing for the Case

Harlan L. Hackbert; and Knapp, Cushing, Hershberger & Stevenson (of counsel), both of Chicago, Ill.; Glenn D. Peters; and Peters & Highland (of counsel), both of Hammond; and Edward J. Ryan, of Valparaiso, for appellant.

George Cohan, of Gary; Robert G. Estill; and Estill, Helbing & Fritz (of counsel), both of East Chicago; and Max Ruge (of counsel), of Chesterton, for appellee.


WILTROUT, C.J.

A small Crosley pick-up truck owned and operated by appellee was struck by appellant's railroad train. Appellee was injured and the truck was demolished. He filed his complaint in two paragraphs, one for personal injuries and one for property damage. The trial resulted in verdicts in his favor, upon which judgment was entered.

Appellant urges: (1) that appellee was guilty of contributory negligence as a matter of law, and (2) that the court...

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