Western Reporter Volume 8

Western Reporter Volume 8

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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. 1887 edition. Excerpt: ...burden imposed upon the jury in requiring them to answer forty-six cuniiingly drafted interrogatoiies, many of which were well calculated to mislead and entangle an ordinary jury. Neither the appellee nor his attorneys had any intimation of the existence of any such interrogatories until the court began to read them to t e jury. N0 time was given counsel, by the court, to see the interrogatories, but the jury at once received them and spent the night wrestling with them. It is amazing that they answered them so fully and intelligently. We do not wish to complain of the trial court. No doubt the learned and very careful judge who presided at the trial of the cause, intended to call the attention of appellee's counsel to the fact that such interrogatories had been handed to him, but forgot to do so. Had opgortunity been given appellee, he would no oubt have succeeded in causing the court to withhold from the jury the larger portion of these interro stories. Denman v. hlciiltsiin, 37 Ind. 247, 248. See Terry v. Shirely, 93 Ind. 415; Morse v. Morse, igglnd. 161; Manning v. Gaeharie, 27 Ind. 408, If Bailey got drunk and abandoned his train, as alleged in the fifth paragraph of the complaint, and gave his train in charge of the engineer. and y reason of that fact appellee was injured, he could recover against defendant, if defendant either knew, or by use of ordinary diligence might have known, of the habits of drunkenness or negligence of the conductor. Ohio db M. R. Uo. v. Oolla-rn, 73 Ind. 261; Harper v. Indianapolis:2 St. L. R. Co. 4'7 Mo. 567; 4 Am. Rep. 353. See especiallg Chicago, M. J: St. P. R. ('0. v. Ross, 112 U.. 377 (Bk. 28, L. ed. 787). The case of Oliicago, M. tf: St. P. R. Go. v. Rose, supra, is a strong and wellconsidered...show more

Product details

  • Paperback | 786 pages
  • 189 x 246 x 40mm | 1,379g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236848276
  • 9781236848277