Legal Opinion

Boswell v. Washington

Indiana Court of Appeals

Decided November 14, 1966No. 20,227PublishedCited by 8 opinions

1Opinion of the CourtFaulconer, J.

— Appellant brought suit against appellee for damages alleging that she was struck by a motor vehicle being operated by appellee while she, appellant, was crossing a street within a marked crosswalk. At the conclusion of plaintiff-appellant’s evidence, upon motion of appellee, the court gave an instruction for a finding in favor of appellee. Judgment was duly entered thereon; appellant’s motion for new trial was overruled, and this appeal followed.

This court has held in many cases that a peremptory instruction for a defendant will be upheld only if one or more of the material allegations of…

Also in this document: Dissent.

2Cases cited11 opinions

  1. Tabor v. Continental Baking CompanyIndiana Court of Appeals · 1941
  2. Swanson v. Slagal, AdministratrixIndiana Supreme Court · 1937
  3. Phares v. CarrIndiana Court of Appeals · 1952
  4. Novak, Admx., Etc. v. Chi. & C. Dist. Tr. Co.Indiana Supreme Court · 1956
  5. Burke v. BurkeIndiana Court of Appeals · 1963

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

3Cited by8 opinions

  1. Adkins v. ElvardIndiana Court of Appeals · 1973
  2. Pierce v. HORVATHIndiana Court of Appeals · 1968
  3. Beem v. SteelIndiana Court of Appeals · 1967
  4. Central Ind. Rwy. Co. v. Anderson Banking Co.Indiana Court of Appeals · 1968
  5. Storckman v. KellerIndiana Court of Appeals · 1968

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

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