Legal Opinion

Gas Belt Torpedo Co. v. Ward

Indiana Court of Appeals

Decided April 21, 1909No. 6,643PublishedCited by 3 opinions

From Hancock .Circuit Court; Robert L. Mason, Judge. Action by the Cas Belt Torpedo Company against Edward C. "Ward. From a judgment.for defendant, plaintiff appeals.

1Opinion of the CourtRabb, J.

This was an action on account, brought by appellant against the appellee. There was an answer of general denial and payment. The trial resulted in a verdict in favor of appellee. Appellant’s motion for a new trial was overruled, and judgment rendered in favor of appellee on the verdict.

The overruling of appellant’s motion for a new trial is assigned as error here.

The court, over appellant’s objection and exception, instructed the jury as follows: “(10) The burden of proof as to the facts alleged in the complaint is upon the plaintiff, and, to entitle the plaintiff to recover in this action,…

2Cases cited3 opinions

  1. Pierce v. HowerIndiana Supreme Court · 1895
  2. Pattison v. ShawIndiana Supreme Court · 1881
  3. Clifford v. SmithIndiana Supreme Court · 1853

3Cited by3 opinions

  1. Indianapolis & Cincinnati Traction Co. v. SherryIndiana Court of Appeals · 1917
  2. Winston v. KirkpatrickIndiana Court of Appeals · 1941
  3. S. S. Kresge Co. v. Union InsuranceIndiana Supreme Court · 1925

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