NEW YORK, CHI., ETC. R.R. CO. v. HENDERSON

No. 29,614.

237 Ind. 456 (1957)

146 N.E.2d 531

NEW YORK, CHICAGO AND ST. LOUIS RAILROAD COMPANY v. HENDERSON.

Supreme Court of Indiana.

Rehearing denied January 15, 1958.


Attorney(s) appearing for the Case

Batton, Harker & Rauch, of Marion, DeVoss, Smith & Macklin, of Decatur, Harker, Irwin & Campbell, of Frankfort, and Clay Marsteller, of counsel, of Cleveland, Ohio, for appellant.

Nieter & Smith, Maxwell Smith and Dan C. Flanagan, all of Ft. Wayne, for appellee.

Gerald G. Fuchs and John H. Jennings, both of Evansville, Amicus Curiae.


ARTERBURN, J.

This case comes to us on petition to transfer from the Appellate Court under § 4-215, Burns' 1946 Replacement. See New York, Chicago & St. Louis R. Co. v. Henderson (1956), 137 N.E.2d 744, for opinion of the Appellate Court.

It is an action to recover for personal injuries alleged to have been sustained by appellee in a collision between an automobile driven by appellee and a railroad train operated by appellant. Upon a...

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