Thomas v. Hoosier Stone Co.

— The appellant sued the appellee in the Lawrence Circuit Court to recover damages on account of certain personal injuries alleged to have been sustained by him through the alleged negligence of the appellee. The venue was changed to the Orange Circuit Court, where a trial of the issues formed on the complaint was begun before a jury.

At the close of the appellant’s evidence the appellee demurred thereto, in which the appellant joined, and by agreement the jury was discharged, with the further *519agreement that the court should assess the damages in case the demurrer should be overruled. The…