184 Ind. 457 | Ind. | 1915
Complaint by appellee for damages, for negligently causing death, against the appellants, National Motor Vehicle Company and Indianapolis Motor Speedway Company, corporations. For convenience, appellants are hereinafter designated as vehicle company and speed-, way company, respectively. Each appellant’s demurrer to the complaint was overruled. There was a trial by jury, with certain facts specially found, and a general verdict for appellee, in the sum of $7,000. Each appellant’s motion for a new trial, and for judgment on the jury’s answers to interrogatories, was overruled, and judgment was rendered on the general verdict. The complaint alleges, in substance, that on, and previous to August 21, 1909, vehicle company, was engaged, in Indianapolis, in the manufacture and sale of automobiles, and had theretofore employed Claude Kellum, decedent, age
Interrogatories Nos.'65 to 71 inclusive, and answers thereto, were as follows: “65. Was the track of the Indianapolis Motor Speedway mentioned in the complaint, on the entire day of August 21, 1909, so rough and uneven as to make it inherently dangerous and extraordinarily hazardous to a man riding in an automobile on said track at a high rate of speed in a race with other automobiles? Yes. 66. Did Claude Kellum, on August 21, 1909, and prior to entering the car in which he was killed, with Charles Merz, ride around the track of the Indianapolis Motor Speedway Company mentioned in the complaint, in an automobile at a high rate of speed? Yes. 67. Did Claude Kellum, the decedent, on August 21, 1909, by riding around the track at the Indianapolis Motor Speedway Company, mentioned in the complaint, in an automobile prior to the time he entered the ear in which he
Complaint is made of the giving and refusing of various instructions. What we have already said disposes of the most serious objections urged. In other respects we find, no reversible error committed in relation to any instruction given or refused. Some minor questions are presented, which are not discussed here, but a consideration of all the questions presented by appellants impels the conclusion-that the record discloses no reversible error. Judgment affirmed.
Note. — Reported in 109 N. E. 196. As to contributory negligence as question for the jury, see 8 Am. St. 849. On alleging in single count two or more acts of negligence capable of contributing to injury, see 27 L. R. A. (N. S.) 792; Ann. Cas. 1913 C 101. As to the burden of proof as to contributory negligence, see 10 Ann. Cas. 4. See, also, under (1) 29 Cyc 579; (2) 29 Cyc 587; (3) 29 Cyc 565, 587; (4) 38 Cyc 1924, 1928; (5) 38 Cyc 1925; (6) 26 Cyc 1513; (7) 26 Cyc 1455; (8) 26 Cyc 1214; (9) 26 Cyc 1442.