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PENNSYLVANIA R.R. CO. v. SHERRON

No. 28,882.

230 Ind. 610 (1952)

105 N.E.2d 334

THE PENNSYLVANIA RAILROAD COMPANY v. SHERRON

Supreme Court of Indiana.

Rehearing denied May 21, 1952.

Attorney(s) appearing for the Case

Sharpnack & Bigley, of Columbus, Bulleit & Orbison, of New Albany, and Frank Hamilton, of Greensburg, for appellant.

Homer E. Hostettler, of Henryville, Dan C. Flanagan, of Fort Wayne, and Owen Voigt, of Jeffersonville, for appellee.

DRAPER, J.

The appellee sued appellant and recovered damages for personal injuries suffered as the result of a collision between a truck he was driving and a railroad train operated by the appellant at the intersection of its tracks and a county highway in Clark County, Indiana.

One of the five separate acts of negligence alleged in appellee's complaint (specification 10b) is:

"That with knowledge of all the facts contained in the allegations of Rhetorical...

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