Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 107

Reports of Cases Decided in the Supreme Court of the State of Indiana Volume 107

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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. 1886 edition. Excerpt: ...Specific Io be Available.--Objections, in order to be available, must be specifically made in the trial court. Mere general objections are not available on appeal. INTERROGATORIES 'ro J UaY.--Subm1Lm'mt.--Praetice.--The prayer for the submission of interrogatories to the jury is not a proper one unless the court is also asked to instruct the jury to answer them in the event that they return a general verdict. SAME.--T1"ial Court May Revise, or Fropzmnd Intewogamries of its Own.--It is proper for the trial court to revise interrogatories submitted by the parties and to prepare and propound for itself interrogatories to the jury. sAME.--Qu68ii(m3 of Law Improper.--An interrogatory which asks the jury to decide a question of law is improper. SAME.---Rail1'0ad.--AnimaLs.--Fencing Trwck.--An interrogatory reading, "Could the defendant have lawfully fenced its track at the point" Where animals entered upon it, is a question of law. From the Monroe Circuit Court. The Louisville, New Albany and Chicago Railway Company v. Worley. G. W. Friedley, W. II. Russell, E. K. Millen and W. Irvin, for appellant. J. R. East, W. II. East, J. W. Buskirk and II. C. Duncan, for appellee. ELLIOTT, J.--The appellee's complaint is in one paragraph, and, as originally d_rawn, sought a recovery for thirteen mules killed by one of the appellant's trains. On the trial it ap-peared that the mules were killed by different trains and at different times, whereupon the appellee dismissed as to the mules killed by the north bound train, and of the ruling permitting this to be done appellant complains. There can be no doubt under our statute and our decisions, that a plaintiff may dismiss his action at any time before the jury retire. This general...
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Product details

  • Paperback | 224 pages
  • 189 x 246 x 12mm | 408g
  • English
  • Illustrations, black and white
  • 1236885430
  • 9781236885432