BUDKIEWICZ v. ELGIN, JOLIET AND EASTERN RY. CO.

No. 29,562.

238 Ind. 535 (1958)

150 N.E.2d 897

BUDKIEWICZ v. ELGIN, JOLIET AND EASTERN RAILWAY COMPANY.

Supreme Court of Indiana.

Rehearing denied October 15, 1958.


Attorney(s) appearing for the Case

Jay E. Darlington, of Hammond, for appellant.

Glenn D. Peters, Peters, Highland & McHie, of Hammond, Harlan L. Hackbert, and Stevenson, Conaghan, Velde & Hackbert, of counsel, of Chicago, Illinois, for appellee.


EMMERT, J.

This appeal is here by reason of four judges of the Appellate Court failing to concur. Section 4-209, Burns' 1946 Replacement. It is from a judgment entered for appellee because appellant refused to amend his complaint after a demurrer for want of facts had been sustained thereto.

The complaint is for personal injuries sustained by appellant when his automobile collided with a freight train operated by appellee at a place where the railroad crossed...

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