40 Ind. App. 202 | Ind. Ct. App. | 1907
The appellee sued the appellant, together with the Indianapolis Street Railway Company, the Cincinnati, Hamilton & Western Railway Company, and the Cincinnati, Hámilton & Dayton Railway Company, to recover damages alleged to have been sustained by her through the negligent act of the defendants. The cause was dismissed as to all the defendants except the appellant. The appellant’s demurrer to the second paragraph of the amended complaint was overruled and an exception reserved. An" answer in two paragraphs — the first a general denial, the second setting up a written release executed by the appellee • before the commencement of the action — was filed by appellant. The appellee replied to this answer, (1) denying under oath the execution of the writing; (2) alleging fraud in procuring the release. The entire record in the case is not before the court, but it appears that there were two- jury trials in the case, the first trial, for some reason not made apparent, either resulting in no verdict, or the verdict was set aside., On the second trial a general verdict was returned in favor of appellee, assessing her damages at $8,000, together with
Appellant complains of the eighth, ninth, tenth, eleventh,
Judgment affirmed.-