Boyd v. Brazil Block Coal Co.

This is an action for damages for the death of appellant's intestate. The damages claimed are $3,000, and the jurisdiction is in the Appellate Court, unless the constitutionality of a statute “is in question and such question is duly presented.'' Section 1336 Burns 1894, Acts 1893 p. 29. No question as to the constitutionality of the statute referred to (section 7473 Burns 1894) is presented by any pleading, either in the trial court or on the appeal. Neither is it raised in the briefs of counsel, either for the appellant or for the appellee. Mr. Lucius C. Embree, as amicus curiae, has,…