Reports of the Cases Decided in the Appellate Court of Indiana Volume 67

Reports of the Cases Decided in the Appellate Court of Indiana Volume 67

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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. 1920 edition. Excerpt: ...evidence, in an action for the death, was conflicting as to the care used in operating the train striking decedent, both as to its speed and where and when warning signals, if any, were given, and the jury might have found, on weighing the evidence, that decedent was rightfully on the track, and used reasonable care for his own safety as against all known danger, or danger which he might reasonably have anticipated or known by the exercise of due care, but notwithstanding such care he was killed because of the negligent manner in which the train was operated under the existing circumstances, the question of decedent's contributory negligence was for the jury. p. 419. 33. DEATH.----WTOflyful Death.--Actions.--Damagea.--Evidence.---In an action for wrongful death, evidence that decedent was an industrious, successful and experienced farmer was admissible as bearing on the damages to decedent's next of kin, part of whom lived with him on a farm owned jointly by them. p. 420. 34. APraAI..--Presenti'ng Questions for Revi'ew.--Judgment.--Gorrection.--Moti'on to Modifi/.--A motion to modify is the proper procedure to correct an erroneous judgment, and such motion must be made to present any question on appeal as to the correctness of the judgment. p. 421. 35. Exrzcurons AND ADM1NIs'raA'roas.--Administrator's Action for Wrongful Death.-Taaring Costs of Decedent' Estate.--Statute.--In an administrator's action for wrongful death under 285 Burns 1914, Acts 1899 p. 405, the trial court had no authority to adjudge, on the administrator being defeated in the action, that the costs be paid from decedent's estate. p. 421. 36. EXECUTOBS AND AnM1NIsrRAroBs.--Actiona by/.--C'osts.--When an administrator sues more

Product details

  • Paperback | 246 pages
  • 189 x 246 x 13mm | 445g
  • United States
  • English
  • black & white illustrations
  • 1236848608
  • 9781236848604