Indianapolis & Vincennes Railroad v. McLin

On Petition for a Rehearing.

Morris, C.

An able and earnest petition for a rehearing has been filed in this case.

The appellant’s counsel, conceding that the testimony tends to show that the injury complained of was produced by its negligence, insists that, unless the evidence also shows, or tends to show, that the appellee’s son was free from contributory negligence, the demurrer to the evidence should have been sustained; and in determining this question he insists that all the testimony, as well that which was elicited on cross-examination by the appellant, as the testimony in chief put in by…