Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana

Reports of Cases Argued and Determined in the Appellate Court of the State of Indiana

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...375-377. Witnesses.--Impeachment.--Where a witness testifies affirmatively to the prejudice of the party calling him, he may be impeached. pp. 317, 378. From Marion Superior Court; J. M. Leathers, Judge. Action by Tillie Myers, administratrix, against Scofield, Shurmer & Teagle. From a judgment for plaintiff, defendants appeal. Affirmed. H. N. Spaan, for appellants. W. 11. H. Miller, J. B. Elam, J. 17. Fesler, S. D. Miller and E. A. McAlpin, for appellee, Roby, J.--Appellee's decedent, a man about sixty years of age, was driving along a 'graveled pike" highway, thirty feet wide, between Greenwood and Indianapolis, in a single top buggy, the back curtain of which was up, when he wa3 overtaken by a runaway team of large horses attached to an oil wagon, which collided with his vehicle, inflicting injuries to him from the effect of which he died. He could have seen the approaching team had he turned and looked, and he could have heard them when and after they were 300 feet distant from him. He did not look back, and up to the time of the collision was apparently oblivious to danger. Appellants' counsel assert that his failure to look and listen constitutes contributory negligence, or that in the absence of a showing that he did look and listen, the jury Scofleld v. Myers. were not justified in finding him to have been in the exercise of due care, the action being one by his administratrix for damages on account of appellants' alleged negligence causing the death. The following cases are cited in support of the contention: Evansville St. R. Co. v. Gentry, 147 Ind. 408, 62 Am. St. 421, 37 L. R. A. 378; Toledo, etc., R. Co. v. Brannagan, 75 Ind. 490; Indiana, etc., R. Co. v. Greene, 106 Ind. 279, 55 Am. Eep. 736; Cincinnati, etc., R....show more

Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236964632
  • 9781236964632