Osborn v. Adams Brick Co.
Indiana Court of Appeals
Prom Fountain Circuit Court; William B. Durborow, Special Judge. Action by William T. Osborn against The Adams Brick Company. From a judgment for defendant, the plaintiff appeals.
1Opinion
On Petition for Rehearing.
Felt, P. J.
18. On reexamination of the questions involved in this appeal we are satisfied with the conclusions announced in the original opinion, but we believe the mandate should be modified. Where a general verdict is returned in favor of one of the parties, and his adversary obtains judgment in his favor on the answers of the jury to interrogatories, notwithstanding the general *190verdict, this court cannot know, unless it he in exceptional cases, that a new trial would not have been granted the losing party on application, had the motion for judgment on the answers…
2Cases cited9 opinions
- Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891
- Midland Railway Co. v. DickasonIndiana Supreme Court · 1892
- Gordon v. LevineMassachusetts Supreme Judicial Court · 1907
- Great Council v. GreenIndiana Court of Appeals · 1913
- Masterson v. Southern Railway Co.Indiana Supreme Court · 1908
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