Legal Opinion

Kentucky & Indiana Cement Co. v. Morgan

Indiana Court of Appeals

Decided December 13, 1901No. 3,468PublishedCited by 3 opinions

From Clark Circuit Court; C. W. Cook, Special Judge- Action for trespass by Ann Morgan and others against-the Kentucky and Indiana Cement Company and others. From a judgment for plaintiffs, defendants appeal.

1Opinion of the CourtRoby, J.

Action of trespass against appellants. They jointly assign: (1) That the court erred in sustaining a demurrer to the separate answer of the Kentucky & Indiana Cement Company; (2) that it erred in overruling their motion for a new trial.

*90The joint assignment presents no question upon the demurrer to the separate answer of the cement company. Kempf v. Union Savings, etc., Assn., 13 Ind. App. 570. The grounds stated for a new trial were: (1) That the finding is not sustained by sufficient evidence; (2) that it is contrary to law; (3) that the damages assessed are excessive.

It is contended that…

2Cases cited1 opinion

  1. Kempf v. Union Saving & Loan Ass'nIndiana Court of Appeals · 1895

3Cited by3 opinions

  1. Grace v. QuiggIndiana Court of Appeals · 1971
  2. Levin v. SchuckmanIndiana Court of Appeals · 1971
  3. Hayes v. JohnsonIndiana Court of Appeals · 1914

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