Vinton v. Baldwin
Indiana Supreme Court
From the Montgomery Circuit Court.
1Opinion of the CourtElliott, C. J.
The appellant is not entitled to a judgment upon the special verdict, for the reason that it does not. state all the facts essential to a recovery. It is well settled that a party who has the burden of proof can not recover upon a special verdict or special finding, unless all facts essential to a recovery are found in his favor. Our cases are all to the effect that if the finding or verdict is silent upon a material point, it is deemed to be against the party who has the burden of proof. Stropes v. Board, etc., 72 Ind. 42; Ex Parte Walls, 73 Ind. 95, and authorities cited; Williams v. Osbon,…
2Cases cited30 opinions
- Chicago v. SheldonSupreme Court of the United States · 1870
- Reissner v. OxleyIndiana Supreme Court · 1881
- Willcuts v. Northwestern Mutual Life InsuranceIndiana Supreme Court · 1882
- Dixon v. DukeIndiana Supreme Court · 1882
- Ex parte WallsIndiana Supreme Court · 1880
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3Cited by46 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Brazil Block Coal Co. v. HoodletIndiana Supreme Court · 1891
- Pittsburgh, Cincinnati & St. Louis Railroad v. SpencerIndiana Supreme Court · 1884
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
- Indiana, Bloomington & Western Railway Co. v. BarnhartIndiana Supreme Court · 1888
41 more not listed; retrieve them via the Exa API.