TATE v. WEST

No. 17,980.

120 Ind. App. 519 (1950)

94 N.E.2d 371

TATE v. WEST

Court of Appeals of Indiana.

Filed September 28, 1950.


Attorney(s) appearing for the Case

Craig & Craig, of Brazil, for appellant.

Harvey L. Fisher, of Brazil, and Edward H. Knight, of Indianapolis, for appellee.


CRUMPACKER, J.

The appellee, while walking across National Avenue in the city of Brazil, Indiana, was struck and injured by an automobile owned and driven by the appellant. He brought this suit and was favored by a jury with a verdict in the sum of $4,000 upon which judgment was entered over the appellant's motion for a new trial.

Said judgment is challenged first on the theory that in legal effect the evidence charges the appellee with contributory negligence...

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