Legal Opinion

Bain, Admx. v. Mattmiller

Indiana Supreme Court

Decided March 23, 1938No. 27,024PublishedCited by 35 opinions

1Opinion of the CourtRoll, C. J.

Appellant brought this action to recover damages for the wrongful death of her decedent husband caused by an automobile collision in which the deceased was riding, and the automobile of appellee. Two acts of negligence are alleged in the complaint; first, excessive speed, and second, driving on the wrong side of the road.

The only errors complained of relate to certain instructions given to the jury at the trial. The first instruction given sets out plaintiff’s complaint, and then follows the part of which complaint is made. ■ It reads as follows:

“To this complaint, the defendant has filed his…

2Cases cited4 opinions

  1. Union Traction Co. v. BerryIndiana Supreme Court · 1919
  2. Marston v. Pickwick Stages, Inc.California Court of Appeal · 1926
  3. Abney v. Indiana Union Traction Co.Indiana Court of Appeals · 1908
  4. Midwest Motor Coach Co. v. ElliottIndiana Court of Appeals · 1932

3Cited by35 opinions

  1. Memorial Hospital of South Bend, Inc. v. ScottIndiana Supreme Court · 1973
  2. Miller v. AlveyIndiana Supreme Court · 1965
  3. Northern Indiana Transit, Inc. v. BurkIndiana Supreme Court · 1950
  4. Huey v. MilliganIndiana Supreme Court · 1961
  5. Fall v. WhiteIndiana Court of Appeals · 1983

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