Bruiletts Creek Coal Co. v. Pomatto
Indiana Supreme Court
Prom Clay Circuit Court; J ohn M. Ratvley, Judge. Action by Michael Pomatto against the Bruiletts Creek Coal Company. Prom a judgment on a verdict for plaintiff for $5,000, defendant appeals. Transferred from Appellate Court under §1394 Burns 1908, cl. 2, Acts 1901, p. 565, §10.
1Opinion of the CourtMontgomery, C. J.
Michael Pomatto recovered a judgment against appellant on June 4, 1907, on account of a personal injury sustained while in appellant’s service. Appellant prayed and was granted a term-time appeal. An appeal bond in the sum of $6,500, with the Bankers Surety Company as surety thereon, was filed on July 25, in accordance wit’ the order of the court. The transcript was filed in the office of the clerk of this court on September 6, 1907, with an assignment of ei’rors in which the name of Michael Pomatto appeared as appellee.
We are confronted, first, with a motion to dismiss this appeal for want…
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