Knoefel v. Atkins
Indiana Court of Appeals
From Clark Circuit Court; Harry G. Montgomery, Judge. Action by Martha Atkins against Charles D. Knoefel. .From a judgment for plaintiff, defendant appeals.
1Dissent
Dissenting Opinion.
Roby, J.
I do not agree to the reversal of this judgment. The instruction which is held to be erroneous is in terms as follows: “If you find for the plaintiff, it will be your duty to assess the damages which, in your judgment, she ought to recover. The damages cannot exceed the sum of $15,000 demanded in the complaint. In fixing the amount of dam*443ages you will consider all the circumstances of this case as shown ly the evidence, the pain and suffering endured by the plaintiff, the injury to her health, loss of strength, the anxiety and privation, if any, which the plaintiff…
2Cases cited30 opinions
- Hinshaw v. StateIndiana Supreme Court · 1897
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Powers v. StateIndiana Supreme Court · 1882
- Union Mutual Life Insurance v. BuchananIndiana Supreme Court · 1885
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