Legal Opinion · Dissent

Norwalk Truck Line Co. v. Kostka

Indiana Court of Appeals

Decided November 25, 1949No. 17,932Published

1Dissent

DISSENTING OPINION

Bowen, J., and Martin, J.

We cannot agree with the majority opinion in this case.

Interrogatories 13, 14, 15, 16, 17, 20, and 21 are set forth in the majority opinion. By the answer to Interrogatory 13, the jury found that appellee failed to see appellant’s semi-trailer before the collision. The answer to Interrogatory 14 sets forth that there was “no evidence” as to what, if anything, prevented the plaintiff from seeing said trailer before the collision in time to have avoided it. By the answers to Interrogatories 15 and 16, the jury found not only that appellee’s failure to…

2Cases cited8 opinions

  1. Northern Indiana Transit, Inc. v. BurkIndiana Supreme Court · 1950
  2. Korrady v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
  3. Chicago, Indianapolis & Louisville Railway Co. v. WilfongIndiana Supreme Court · 1910
  4. Associated Truck Lines, Inc. v. VelthouseIndiana Supreme Court · 1949
  5. Densmore v. City of BirminghamSupreme Court of Alabama · 1931

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