72 Ind. App. 323 | Ind. Ct. App. | 1919
—This action was in the superior court of Marion county, by the appellee, by next friend, against appellant, for damages on account of an injury alleged to have been sustained by appellee on a public playground of appellant.
The facts as alleged in the seeond amended complaint are substantially as follows: Appellee at the time of the commencement of this action was a boy
To this complaint a demurrer was filed for want of facts, which was overruled. After issues, the cause was submitted to a jury for trial. At the close of appellee’s evidence, appellant filed a motion that the court direct a verdict for appellant, and a like motion at the close of all of the evidence, both of which motions were overruled. There was a verdict for appellee in the sum of $250. After motion for a new trial, which was overruled, this appeal. Each of the foregoing rulings of the court is assigned as error.
that the block or curbing involved was not there the day before; there was no evidence that appellant by its servants put it there, or that appellant’s servants had any knowledge that it had been placed as a home base, and certainly it had not been there long enough to justify an inference of constructive knowledge. City of Warsaw v. Dunlap (1887), 112 Ind. 576, 11 N. E. 623, 14 N. E. 568; Town of Lewisville v. Batson (1902), 29 Ind. App. 21, 63 N. E. 861. This was the condition at the close of appellee’s evidence, at which time there was a motion by appellant for a directed verdict. By appellant’s evidence, which is undisputed, neither of the two in
The judgment is reversed, with instructions to the trial court to grant a new trial.