Legal Opinion

Mishler v. Chicago, South Bend & Northern Indiana Railroad

Indiana Supreme Court

Decided April 3, 1919No. 23,561PublishedCited by 20 opinions

From Kosciusko Circuit Court; Francis E. Bowser, Judge. Action by John Mishler against the Chicago, South Bend and Northern Indiana Railroad Company. From a judgment for the defendant, the plaintiff appeals. (Transferred from the Appellate Court under §1394 Burns 1914, Acts 1901 p. 565.)

1Opinion of the CourtTownsend, J.

— This was an action by appellant against appellee for personal injuries'. A jury found for the appellee and with the general verdict returned answers to interrogatories. The questions presented arise on a motion for a new trial.

*1911. 2. Appellant’s points in his brief are addressed to error in instructions Nos. 3, 7, 9,12 and 13, given by the court and, to use the language of appellant’s brief, “in permitting a witness to testify as an expert as to the condition of the tracks at the point in question.” Appellant’s motion for a new trial, as shown by his brief, did not present instruction No. 3…

2Cited by20 opinions

  1. Denneau v. Indiana & Michigan Electric CompanyIndiana Court of Appeals · 1971
  2. Automobile Underwriters, Inc. v. SmithIndiana Court of Appeals · 1960
  3. Connor v. JonesIndiana Court of Appeals · 1945
  4. Indianapolis Railways, Inc. v. WilliamsIndiana Court of Appeals · 1945
  5. Riechmann v. ReasnerIndiana Supreme Court · 1943

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