Holliday v. Gardner
Indiana Court of Appeals
Erom Marion Superior Court; Vinson Garter, Judge. Action by diaries J. Gardner against William J. Holliday to recover damages caused by a runaway team. Erom a judgment for plaintiff, defendant appeals.
1Dissent
Dissenting Opinion on Petition for Rehearing.
Roby, J.
The record herein furnishes a very excellent illustration of the wisdom of the rule long established in this State, which leaves the decision of questions of fact with the jury to whom the cause is submitted in the trial court. Two *239members of this court have attentively read the evidence, and have reached different conclusions. Neither of them had the opportunity of observing the witnesses and applying to their testimony the tests of credibility which men use when the truth is desired.
The son of the appellee was driving west along Sixteenth…
2Cases cited17 opinions
- Deal v. StateIndiana Supreme Court · 1895
- Hinshaw v. StateIndiana Supreme Court · 1897
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Gulf, C. & S. F. Ry. Co. v. EllisCourt of Appeals for the Eighth Circuit · 1893
- Lake Erie & Western Railroad v. StickIndiana Supreme Court · 1895
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