Wabash Railroad v. Miller
Indiana Court of Appeals
Prom Adams Circuit Court; D. D. Heller, Judge. Action against the Wabash Eailro-ad Company by Sebastian Miller. Erom a judgment in favor of plaintiff, defendant appeals. Transferred to the Supreme Court with recommendations to modify rule as to the admission of testimony of witness given at former trial.
1Opinion of the CourtRobinson, J.
—This is the second appeal. Wabash R. Co. v. Miller, 18 Ind. App. 549. It is first argued that the court erred in admitting the evidence of Charles S. Breckenridge given at the first trial.
Before introducing the evidence of Mr. Breckenridge given at the former trial, Mr. Henry Colerick, one of the appellee’s counsel, testified as follows: “Charles S. Breckenridge was a witness at the former trial; the evidence of the former trial was taken in shorthand by the official reporter of that court, Miss Eitter. Mr. Breckenridge for the last ten months or a year has been in the state of Texas,…
2Cases cited16 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Minneapolis Mill Co. v. Minneapolis & St. Louis Ry. Co.Supreme Court of Minnesota · 1892
- Woollen v. WhitacreIndiana Supreme Court · 1883
- Mims v. SturdevantSupreme Court of Alabama · 1860
- City of Ord v. NashNebraska Supreme Court · 1897
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3Cited by2 opinions
- Wabash Railroad v. MillerIndiana Supreme Court · 1901
- Reichers v. DammeierIndiana Court of Appeals · 1910