Legal Opinion · Dissent

Akiko Buxhoeveden, Administratrix of the Estate of Theodore v. Buxhoeveden, Deceased v. B & P Motor Express, Inc. And Chester T. Belback

Court of Appeals for the Seventh Circuit

Decided December 7, 1970No. 17625, 17626Published

1DissentMorgan, District Judge

I must respectfully dissent. It appears to me that, because the first accident was of a magnitude which might have caused death, submission of this case to a jury on the evidence here will invite a greater degree of speculation and conjecture than is permitted by the *453applicable law of Indiana. This, I think, we have no right to do, as the trial judge recognized, even though we might prefer to stretch so-called “reasonable inferences” into the area of speculation.

There is simply no direct or circumstantial evidence indicating which trauma caused the deaths. That the second crash, being the…

2Cases cited6 opinions

  1. Orey v. Mutual Life Insurance Co. of N.Y.Indiana Supreme Court · 1939
  2. Prudential Insurance Co. of America v. Van WeyIndiana Supreme Court · 1945
  3. Moorman Manufacturing Co. v. BarkerIndiana Court of Appeals · 1942
  4. N.Y. Central R.R. Co. v. Green, Admx.Indiana Court of Appeals · 1938
  5. Krohn v. Shidler, Admnx.Indiana Court of Appeals · 1966

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