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N.Y. CENTRAL RY. CO. v. MILHISER

No. 28,938.

231 Ind. 180 (1952)

106 N.E.2d 453

NEW YORK CENTRAL RAILROAD COMPANY v. MILHISER.

Supreme Court of Indiana.

Rehearing denied October 8, 1952.

Attorney(s) appearing for the Case

Baker & Daniels, of Indianapolis, and Christian & Waltz, of Noblesville, for appellant.

Seth S. Ward, of Indianapolis, for appellee.

GILKISON, J.

Appellee filed his amended complaint in one paragraph seeking a judgment in damages for personal injuries allegedly sustained in a railroad crossing accident which occurred about 3:30 P.M. December 19, 1945, when a passenger automobile operated by appellee, was struck on a public grade crossing in Marion County, Indiana, by a locomotive drawing a train of the appellant. It is alleged that appellant's locomotive and train of cars was traveling westward...

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