F. & B. Livery Co. v. Indianapolis Traction & Terminal Co.
Indiana Court of Appeals
From Marion Superior Court (104*686); John J. Rochford, Judge. Action by tbe F. and B. Livery Company against the ■ Indianapolis Traction and Terminal Company. From tbe judgment rendered, plaintiff appeals. Tbe appellant instituted tbis action against tbe appellee to recover damages.
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From Marion Superior Court (104*686); John J. Rochford, Judge. Action by tbe F. and B. Livery Company against the ■ Indianapolis Traction and Terminal Company. From tbe judgment rendered, plaintiff appeals. Tbe appellant instituted tbis action against tbe appellee to recover damages. Appellant’s agent was driving its bearse westward in Jaclcson street in tbe city of Indianapolis, and while crossing tbe street car tracks in Illinois street one of appellee’s cars ran against tbe bearse. As a result of tbe collision, tbe bearse was injured in tbe following particulars: One tire was ruined, tbe…
1Opinion of the CourtDausman, J.
(After making the foregoing statement) .—
Appellant’s motion for a new trial should have *205been sustained for the reasons stated in Paxson v. Dean (1903), 31 Ind. App. 46, 67 N. E. 112.
Counsel for appellee say: “The mere fact that the jury found for the plaintiff and assessed his damages at one dollár is conclusive that the majority of the jury were in favor of finding for- the defendant, and simply found a nominal sum to satisfy some member of the jury who seemed to desire that a verdict should in all events be given against the appellee for some amount. ” ■
That the verdict is the result of a…
2Cases cited3 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Eggleston v. WagnerMichigan Supreme Court · 1881
- Paxson v. DeanIndiana Court of Appeals · 1903
3Cited by7 opinions
- Parizo v. WilsonSupreme Court of Vermont · 1929
- Southern, School Buildings, Inc. v. Loew Electric, Inc.Indiana Court of Appeals · 1980
- State v. TablerIndiana Court of Appeals · 1978
- Hudson v. Dave McIntire Chevrolet, Inc.Indiana Court of Appeals · 1979
- Snyder v. StanleyIndiana Court of Appeals · 1922
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