Reports of the Cases Decided in the Appellate Court of Indiana Volume 40

Reports of the Cases Decided in the Appellate Court of Indiana Volume 40

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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. 1908 edition. Excerpt: ...inquiries, the time, place, and circumstances must be stated, to the end that the court may know that such inquiries were made in the proper quarter, and in due season." McDonald V. Coryell (1893), 134' Ind. 493, and cases cited. Judgment aflirmed. KNOEFEL 'v. ATKI1_Is. No. 5,952. Filed June 7, 1907. Rehearing denied October 29, 1907. 1. APPEA1..---Insufiiciene1/ of Em'de'nce.--The Appellate Court, in determining whether the evidence was sufficient to support the judgment, will consider only the evidence favorable to the successful party, together with the inferences therefrom. p. 432. 2. SAME.--WigIli17g Evidence.---Sales.---Drugs.--Evidence that plaintiff's agent ordered, from a drnggist, phosphate of soda and placed the package received in a basket; that a few days later she took a dose thereof, whereupon she became violently sick, and upon investigation the package was found to contain acetanilid, sufficiently shows that the defendant made a mistake in the drug sold. p. 432. 3. PLEAnINo.---Complaint.--Negligence.--Sales of Drugs.-A complaint alleging that the defendant, a druggist, negligently sold to the plaintiff acetanilid instead of phosphate of soda which was ordered, to plaintilT's damage, states a cause of action. p. 434. 4. SAMn.--0ompla-int.--Negligence.--Details.-Evidence.-Varia/nce.--Where the complaint against a druggist for selling acetanilid instead of phosphate of soda alleges negligence generally and gives the details of the transaction, it is not necessary that the evidence show such details to be true, the details being uncontrolling in the complaint as well as the evidence. p. 434. 5. NEe.L1e1: NoE.--Presumptions 0f.--Where the thing causing an accident is under defendant's management and...show more

Product details

  • Paperback | 302 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236881850
  • 9781236881854