Union Traction Co. v. Wolf
Indiana Court of Appeals
From Delaware Superior Court; Robert M. Van Atta, Judge. Action by Charles Wolf against the Union Traction Company of Indiana. From a judgment for plaintiff, the defendant appeals.
1Opinion of the CourtNichols, J.
Appellee has failed to file any brief. 'It has been repeatedly held by this court and by the Supreme Court that a failure on the part of the appellee to file a brief may be treated as a confession of error, warranting reversal. Eigelsbach v. Kanne (1915), 184 Ind. 62, 110 N. E. 549; Huddleston v. Huddleston (1916), 184 Ind. 168, 110 N. E. 980; Veit v. Windhorst (1916), 184 Ind. 351, 110 N. E. 666. Having examined *393appellant’s brief, we are satisfied that in this case the rule should be invoked.
Judgment reversed, with instruction to the trial court to grant a new trial.
2Cases cited3 opinions
- Veit v. WindhorstIndiana Supreme Court · 1915
- Eigelsbach v. KanneIndiana Supreme Court · 1915
- Huddleston v. HuddlestonIndiana Supreme Court · 1916
3Cited by2 opinions
- Bryant v. School Town of Oakland CityIndiana Supreme Court · 1930
- Goldberg v. HauerIndiana Court of Appeals · 1924