70 Ind. App. 5 | Ind. Ct. App. | 1919
Action by appellee against the appellant for damages because of the death of Frank Dolniak, caused, as alleged, by the negligence of the appellant.
It is averred in the complaint, in substance, that the appellant is an electric interurban railway company, operating its cars between Chicago, Illinois, and South Bend, Indiana; that in said city of South Bend its tracks occupy the center of Orange street, running east and west, and across Olive street, which runs north and south; that about 5:15 p. m. on June
Appellant answered the complaint by a general denial. There was a trial by jury, and verdict and judgmónt in favor of the appellee. The appellant filed its motion for a new trial, which was overruled, to which ruling appellant excepted, and now prosecutes this appeal.
The only error assigned is that the court erred in overruling the appellant’s motion for a new trial. Under this head, appellant complains that the evidence was not sufficient to sustain the verdict, and that the court erred in giving .and refusing certain instructions, hereinafter considered.
Instruction No. 13 is on the measure of damages, and is a correct statement of the law as decided in Thomas Madden, Son & Co. v. Wilcox (1910), 174 Ind. 657, 91 N. E. 933, and Vandalia Coal Co. v. Yemm (1911), 175 Ind. 524, 92 N. E. 49, 94 N. E. 881.
We find no available error. The judgment is affirmed.