Legal Opinion · Dissent

Boyer v. Indianapolis Northern Traction Co.

Indiana Court of Appeals

Decided January 14, 1910No. 6,661Published

Prom Hamilton Circuit Court; Ira IP. Christian, Judge. Action by Lewis Boyer against Mary E. Essington and another. Prom a judgment for defendants, plaintiff appeals.

1Dissent

*688Dissenting Opinion.

Rabb, J.

I do not concur in the mandate of the court in directing a judgment against appellee Essington on the general verdict. I think it manifestly appears from the record before us that such judgment will operate as a rank injustice to said appellee, and that the case is one requiring this court, in the exercise of its discretion, to direct a new trial; Sinker, Davis & Co. v. Green (1888), 113 Ind. 264; Buchanan v. Milligan (1886), 108 Ind. 433; Murdock v. Cox (1889), 118 Ind. 266; Wendel v. Cleveland, etc., R. Co. (1908), 41 Ind. App. 460; Richey v. McKay (1905), 36 Ind.…

2Cases cited10 opinions

  1. Buchanan v. MilliganIndiana Supreme Court · 1886
  2. Lindley v. DakinIndiana Supreme Court · 1859
  3. Page v. LashleyIndiana Supreme Court · 1860
  4. Kellum v. Berkshire Life InsuranceIndiana Supreme Court · 1885
  5. Sinker, Davis & Co. v. GreenIndiana Supreme Court · 1888

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API