74 Ind. App. 129 | Ind. Ct. App. | 1920
This is an action by appellee, George B. Moss, as administrator of the estate of his deceased wife, Effie Moss, against appellant to recover damages on account of the death of said decedent, which it is alleged was caused by the negligence of appellant. The cause was tried by a jury, resulting in a verdict and judgment in favor of appellee. Appellant filed a motion for a new trial, which was overruled, and this action of the court is made the basis of the only error' assigned on appeal. The record discloses that the decedent met her death in the following manner: A bridge extends east and west across Eagle creek on Raymond street, which intersects Belmont avenue, running north and south, immediately east of said bridge. Persons crossing said bridge and desiring to go north on said avenue must take a sharp turn to the left. From, the east end of said bridge said avenue follows along the bank of said creek for some distance. A stone or cement wall extends along said east bank toward the north from the east end of said bridge. From the top of this wall the bank slopes upward to the edge of the traveled portion of said avenue. A post and board fence extends north from the east end of said bridge along the slope of said bank, its base being lower than the roadway. On May 10, 1917, between- four and five o’clock in the afternoon, said George B. Moss, in company with his wife and others, was driving his Ford automobile eastward across said bridge. When he
Appellant has failed to show that the court erred in overruling its motion for a new trial, and the judgment is therefore affirmed.