Legal Opinion

Wortman v. Minich

Indiana Court of Appeals

Decided November 26, 1901No. 4,042PublishedCited by 19 opinions

From Sullivan Circuit Court; W. W. Moffett, Judge. Action by Joseph H. "Wortman against Adam V. Minich ■and others, for damages for personal injuries. From a judgment for defendants, plaintiff appeals.

1Opinion of the CourtRoby, J.

The appellant brought this action to recover •damages on account of the loss of his hand, through the -alleged negligence of appellees. The verdict and judgment were against him and he appeals. The complaint was filed June 24, 1899, trial October 26th of the same year. It was the law at that time that contributory negligence was a matter of defense provable under the general denial, and the plaintiff was not required to allege or prove want of ■contributory negligence. §359a Burns 1901.

By its instructions the court informed the jury that the burden of proving the absence of contributory…

2Cases cited7 opinions

  1. Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
  2. Louisville, New Albany & Chicago Railway Co. v. CorpsIndiana Supreme Court · 1890
  3. Louisville & Nashville Railroad v. OrrIndiana Supreme Court · 1882
  4. Kentucky & Indiana Bridge Co. v. EastmanIndiana Court of Appeals · 1893
  5. McFarlan Carriage Co. v. PotterIndiana Supreme Court · 1899

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3Cited by19 opinions

  1. Avery v. Nordyke & Marmon Co.Indiana Court of Appeals · 1904
  2. American Car & Foundry Co. v. ClarkIndiana Court of Appeals · 1904
  3. American Car & Foundry Co. v. AdamsIndiana Supreme Court · 1912
  4. Stephens v. American Car & Foundry Co.Indiana Court of Appeals · 1906
  5. Baltimore & Ohio Southwestern Railroad v. HunsuckerIndiana Court of Appeals · 1904

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