Marks v. Mariotte
Indiana Court of Appeals
Prom the Superior Court of Allen County; Joseph W. Adair, Special Judge. Action by Octavia Marks, administratrix of the estate of Charles Q. Marks, deceased, against Horace Mariotte. Prom a judgment for defendant, the plaintiff appeals.
1Opinion of the CourtMyers, J.
— This was an action brought by appellant against appellee, to recover damages on account of the death of Charles Q. Marks, which was caused February 9, 1905, by his falling into an elevator shaft maintained by appellee in a building in the city of Port Wayne owned and occupied by him.
The issues, formed by a complaint in three paragraphs and an answer in general denial, were submitted to a jury for trial. At the close of appellant’s evidence the court, over her objection, instructed the jury to return a verdict in favor of appellee. A verdict was returned as directed by the court, and…
2Cases cited4 opinions
- Walker v. TowleIndiana Supreme Court · 1901
- Taylor v. CanadayIndiana Supreme Court · 1900
- Rector v. DruleyIndiana Supreme Court · 1909
- Walters v. WaltersIndiana Supreme Court · 1907
3Cited by4 opinions
- Ebner v. Ohio State Life InsuranceIndiana Court of Appeals · 1918
- McMurban v. HannumIndiana Supreme Court · 1916
- John Hancock Mutual Life Insurance v. KeithIndiana Court of Appeals · 1938
- Farabee v. WarrenIndiana Court of Appeals · 1915