54 Ind. App. 472 | Ind. | 1913
Appellee recovered a judgment for $4,874 for personal injuries sustained by being thrown or pulled froni appellant’s interurban car by its conductor, while appellee was in the act of alighting from said car.
Appellant assigned error in overruling the demurrer to the complaint, and in giving a certain instruction to the jury, but we find no error in either action of the trial court, and as appellant’s counsel admitted in argument that it • did not rely for reversal upon either of these assignments, we do not deem it necessary to refer to them further.
We quote the following words from the case of Evansville, etc., R. Co. v. Snapp (1878), 61 Ind. 303, 309, as applicable here. This case has never been overruled or disapproved, and is a binding precedent. “In the case at bar, there was no direct or positive evidence adduced upon the trial, that the appellant was the owner of, or operated, the railroad upon which the appellee’s mare was run over and killed. The evidence showed that the mare was run over and killed on the Evansville and Orawfordsville Railroad. The appellant, the Evansville and Orawfordsville Railroad Company, was sued for the killing of said mare on its railroad, and appeared to, and was there before the jury defending the action. There was not a particle of evidence adduced upon the trial, tending to show that the railroad in question was owned or operated by any other person or corporation than
Note.—Reported in 101 N. E. 1022. See, also, under (1) 29 Cyc. 624; (2) 17 Cyc. 814, 816, 820; (3) 29 Cyc. 476; (4) 29 Cyc. 886, 911; (5) 13 Cyc. 126, 130. As to duty and liability of electric railways to passengers, see 118 Am. St. 461. As to wbat is an excessive verdict in an action for personal injuries not resulting in death, see 16 Ann. Cas. 8; Ann. Cas. 1913 A 1361.