Legal Opinion

City of South Bend v. Turner

Indiana Supreme Court

Decided June 28, 1904No. 20,348PublishedCited by 3 opinions

From Laporte Circuit Court; W. F. Higgins, Special Judge. Action by Bennie Turner, by his next friend, Jay Turner, against the city of South Bend., for damages for personal injuries. From a judgment in the sum of $10,000, rendered on a verdict, the defendant appeals. Transferred from Appellate Court under §1337u Burns 1901.

1Opinion of the CourtMonks, J.

Appellee brought this action against appellant to recover damages for personal injuries. Final judgment was rendered against appellant. On appeal the judgment was reversed by this court in City of South Bend v. Turner (1901), 156 Ind. 418, 54 L. R. A. 396, 83 Am. St. 200. Afterwards the venue was changed to the court below, where, without any change in the pleadings, a trial by jury resulted in a verdict, and, over a motion for a new trial, a judgment against appellant.

*195The first paragraph of the amended complaint was dismissed before the first trial. The second paragraph of the amended…

2Cases cited10 opinions

  1. City of South Bend v. TurnerIndiana Supreme Court · 1901
  2. Perry, Matthews-Buskirk Stone Co. v. WilsonIndiana Supreme Court · 1903
  3. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. StewartIndiana Supreme Court · 1903
  4. Security Accident & Sick Benefit Ass'n v. LeeIndiana Supreme Court · 1903
  5. Commonwealth v. RogersMassachusetts Supreme Judicial Court · 1883

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3Cited by3 opinions

  1. Head v. StateIndiana Supreme Court · 1982
  2. Tisdale v. StateIndiana Supreme Court · 1906
  3. Grove v. StateIndiana Court of Appeals · 1983

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