Reports of the Cases Decided in the Appellate Court of Indiana; With Tables of Cases Reported and Cited, Tables of Cases Overruled or Limited, Statutes Cited and Construed, Court Rules Cited and Construed, and an Index... Volume 18
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. 1898 edition. Excerpt: ...were, it might reasonably have been expccted that he would pass in safety. Might not an ordinarily prudent man, situated as he was, reasonably have expected that they would do so? Are not ordinarily prudent men constantly so pursuing their occupations of like nature under such circumstances? In applying the rule that the burden is on the plaintiff to show his freedom from contributory fault, care should be taken by courts not to impose upon plaintiffs the necessity of showing extraordinary carefulness. ' After careful thought, we find ourselves unable to say that the appellant was not sufficiently shown to have been free from fault. Judgment reversed, with instructions to enter judgment for the appellant upon the special verdict. Wiley, J., took no part in this decision. Guns v. NEWMAN ET AL. No. 1,972. Filed March 31, 1897. Rehearing denied Nov. 2, 1897. COUR'l'S.-Jurisdiction.--Presumpti0n.-Foreign Ju.dgments.--An allegation in a complaint on a foreign judgment that the court in which such judgment was rendered wasa. court of general jurisdiction, is sufiicient to raise the presumption that such court had jurisdiction of the subject-matter of the action and of the person of the defendant. pp. 893-896. Suni: .--Foreign Judg1nents.--Law of Other States.---Presumption.--In an action in this State on a judgment obtained in another state it will be presumed, in the absence of any showing to the contrary, that the common law prevails in such state. p. 897. PARTIES.--Di81ni83al as to One Party.--A1n.endment of Pleading.Presumpt1'on.--Fore1'gn Judgment.--Where the record of a foreign judgment shows that the action was originally brought on a joint cause of action, but at the time of the trial the plaintiff dismissed as to one of the defendants, ...
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