Reports of the Cases Decided in the Appellate Court of Indiana Volume 44

Reports of the Cases Decided in the Appellate Court of Indiana Volume 44

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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. 1910 edition. Excerpt: ...verdict the jury returned answers to interrogatories. From the judgment against said plaintiff and in favor of the telegraph company an appeal was taken to this court, and at this term reversed. (See Ambre v. Postal Telegraph-Cable Co. 1909, 43 Ind. App. 47.) Appellant 's motions for judgment non obstante veredioto, for a new trial, and in arrest were overruled, and judgment was rendered on the verdict against appellant. These rulings are assigned as error. The objections to the complaint are: (1) That it discloses no duty which the appellant owed to the appellee Ambre, the breach of which is charged to have been 1. negligence resulting in his injury; (2) that it does not charge that the failure of appellant to insulate the joints on its wires was the proximate cause of appellee's injury. Without commending the complaint, we are of the opinion that it is sufficient to bar another action for the same cause, and the defects are such as might be supplied by proof. The motion in arrest was, therefore, not well taken. Chappell v. Shuee (1889), 117 Ind. 481, 486, 487; Lockhart v. Schlotterback (1895), 12 Ind. App. 683, 684; Rawles v. Slate, ex rel. (1877), 56 Ind. 433, 442, 443; Ohio, etc., R. Co. v. Smith (1892), 5 Ind. App. 560, 562; Sims v. Dame (1888), 113 Ind. 127. Under the rules that inconsistent answers to interrogatories annul one another, and that all reasonable presumptions are indulged in favor of a general ver2. dict, appellant 's motion for judgment, notwithstanding the general verdict, was properly overruled. There are many reasons, set out in the motion for a new trial and discussed by counsel, predicated upon the admission of, and the refusal to admit, certain evidence; upon the giving, and refusing to give, ...
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Product details

  • Paperback | 310 pages
  • 189 x 246 x 17mm | 558g
  • United States
  • English
  • black & white illustrations
  • 1236815432
  • 9781236815439