KOSTIAL v. AERO MAYFLOWER TRANSIT CO.

No. 17,777.

119 Ind. App. 377 (1949)

85 N.E.2d 644

KOSTIAL, ADMR. v. AERO MAYFLOWER TRANSIT COMPANY

Court of Appeals of Indiana.

Rehearing denied June 2, 1949.

Transfer denied October 14, 1949.


Attorney(s) appearing for the Case

William J. Reed and Paul E. Reed, both of Knox, for appellant.

Draper & Eichhorn, of Gary; and Alfred J. Link, of LaPorte, for appellee.


ROYSE, P.J.

Appellant brought this action against appellee for damages for the wrongful death of Joseph Dancho, Sr., who left surviving his widow and minor son. At the conclusion of appellant's evidence the trial court sustained appellee's motion to direct a verdict for it. From the judgment following that verdict this appeal is prosecuted.

The rule which must guide our decision in this case may be summarized as follows: While it is the duty of the trial court...

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