Chicago, Indianapolis & Louisville Railway Co. v. Myers
Indiana Court of Appeals
Prom Orange Circuit Court; Thomas B. Buskirk, Judge. Action by Mary J. Myers against the Chicago, Indianapolis and Louisville Railway Company. Prom a judgment lor plaintiff, the defendant appeals.
1Opinion
On Petition for Rehearing.
Ibach, J.
6. Appellee urges on petition for rehearing that under the decision in Shroyer v. Campbell (1903), 31 Ind. App. 83, 67 N. E. 193, appellant should be held to have waived its request for a special finding of facts. The present case can be distinguished from that case, in which it was held that a failure to object to the court’s making a general finding is a waiver of the request for a special finding, for in that case it does not appear that the coui’t ever ruled on the request for a special finding, or refused to make one, but merely failed to do so, its…
2Cases cited4 opinions
- Shroyer v. CampbellIndiana Court of Appeals · 1903
- Terre Haute, Indianapolis & Eastern Traction Co. v. FrischmanIndiana Court of Appeals · 1914
- Lehman v. City of GoshenIndiana Supreme Court · 1912
- Chicago, Indianapolis & Louisville Railway Co. v. MyersIndiana Court of Appeals · 1914