American Car & Foundry Co. v. Applegate

Decided October 9, 1908

Indiana Court of Appeals · decided 1908-10-09

<p>Pleading. — Complaint.—Master and Servant. — Employers’ Liability Aet. — Private Corporations. — A complaint, for damages, by a servant against a private- corporation, based upon section one of the employers’ liability act (Acts 1893, p. 294, §8017 Burns 1908), is insufficient, such act having been declared unconstitutional as to private corporations.</p>

Relies on Bedford Quarries Co. v. Bough

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1908-10-09

How this case has been cited

Cited by 9 later decisions — most recently November 1954

9 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Comstock, J.

¶1Appellee recovered judgment for personal injuries sustained by him while in the employ of appellant. The complaint was based upon the second subdivision of section one of the employers’ liability act (Acts 1893, p. 294, §8017 Burns 1908).

¶2A demurrer to the complaint for want of facts was overruled, and appellants answered by general denial. The ruling on the demurrer is one of the errors assigned.

¶3The statute upon which the complaint is based having been held unconstitutional as to private corporations by the Supreme Court, said ruling was erroneous. Bedford Quarries *343Co. v. Bough (1907), 168 Ind. 671, 14 L. R. A. (N. S.) 418; Standard Cement Co. v. Minor (1908), ante, 231.

¶4Judgment reversed, with instructions to sustain appellant’s demurrer to the complaint.