43 Ind. App. 453 | Ind. Ct. App. | 1909
Action by appellant against appellee to recover damages for personal injuries alleged to have been sustained by reason of a defective street. Issue formed by a general denial, trial by jury, and verdict returned in appellant’s favor for $100, with answers to interrogatories. Appellee moved for judgment on the answers to interrogatories notwithstanding the general verdict. The motion was sustained and the judgment so rendered, which action is relied upon as error.
This principle has frequently been enforced by our decisions. Town of Gosport v. Evans (1887), 112 Ind. 133, 2 Am. St. 164; Sale v. Aurora, etc., Turnpike Co. (1897), 147 Ind. 324; Rogers v. City of Bloomington (1899), 22 Ind. App. 601, and cases cited.
The judgment is therefore reversed, and the cause remanded, with instructions to render judgment on the general verdict.