74 Ind. App. 373 | Ind. Ct. App. | 1920
This is an action by appellee to recover damages which he alleges were sustained by reason of the negligence of appellant. The complaint on which the cause was tried is in two paragraphs, designated as first and third. The first alleges in substance, among other things, that appellee, on January 18, 1915, was
Appellant contends that the court erred in overruling its motion for a new trial. It bases this contention on the grounds that the verdict is not sustained by sufficient evidence and is contrary to law, and that the court erred in giving certain instructions, and in refusing to give others requested by it. A proper determination of the questions presented requires a consideration of the evidence.
An examination of the record discloses that there was evidence to support the following facts found by the jury in answer to certain interrogatories submitted by the court: On January 18, 1915, appellee was struck and seriously injured by one of appellant’s passenger locomotives at a public highway crossing about two and one-half miles from the station of Walkerton. The highway at said crossing runs north and south, and appellant’s railroad runs east and west. Said crossing is
The judgment is reversed, with instructions to sustain appellant’s motion for a new trial, and for such further proceedings as are consistent with this opinion.