73 Ind. App. 511 | Ind. Ct. App. | 1920
This action was instituted by appellee to recover from appellant the statutory penalty, provided by §§5780, 5781 Burns 1914, Acts 1885 p. 151, for failure to- deliver a telegram sent by appellee from Monticello, Indiana, to his son at Gary, Indiana. Appellant filed an answer in three paragraphs, the first being a general denial. The second paragraph avers in substance, among other things, that appellant had no
Appellant contends that the court erred in overruling its motion for a new trial. It bases this contention on the grounds that the decision of the court is not sustained by sufficient evidence and is contrary to law. As pertinent to this contention, we note that the undisputed
The judgment is reversed, with instructions to sustain appellant’s motion for a new- trial, and to overrule appellee’s demurrer to appellant’s third paragraph of answer, and for further proceedings consistent with this opinion.