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TYLER, ETC. v. CHICAGO & EASTERN ILL. RY.

No. 30,076.

241 Ind. 463 (1961)

173 N.E.2d 314

TYLER, BY HER NEXT FRIEND, ETC. v. CHICAGO & EASTERN ILLINOIS RAILWAY.

Supreme Court of Indiana.

Filed March 21, 1961.

Attorney(s) appearing for the Case

John L. Carroll, Edwin W. Johnson, Elvin H. Hewins, Johnson & Carroll, of counsel, and Iglehart & Hewins, of counsel, all of Evansville, for appellant.

Bamberger, Foreman, Oswald & Hahn, of Evansville, for appellee.

George T. Schilling, Russell H. Hart and Stuart, Branigin, Ricks & Schilling, of counsel, of Lafayette, for Wabash Railroad Company, Amicus Curiae.

Harker, Irwin, Campbell & Harker, of Frankfort, for New York, Chicago & St. Louis Railroad Company, et al., Amicus Curiae.

BOBBITT, C.J.

This case comes to us on petition to transfer from the Appellate Court under Acts 1933, ch. 151, § 1, p. 800, being § 4-215, Burns' 1946 Replacement. See: Tyler v. Chicago & Eastern Illinois Railway (1959), 163 N.E.2d 122, for opinion of the Appellate Court.

Appellant, a minor, brought this action by her next friend, seeking to recover damages for personal injuries growing...

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