HOLTZ v. ELGIN, ETC., RY CO.

No. 18,120.

121 Ind. App. 175 (1951)

98 N.E.2d 245

HOLTZ v. ELGIN, JOLIET & EASTERN RAILWAY COMPANY.

Court of Appeals of Indiana.

Filed April 12, 1951.


Attorney(s) appearing for the Case

Robert H. Moore, J. Edwin Smith, both of Gary; and F. Edward Dumas, of Fowler, for appellant.

William S. Isham, of Fowler; Glen D. Peters; Peters & Highland (of counsel), both of Hammond; Harlan L. Hackbert; and Knapp, Cushing, Hershberger & Stevenson (of counsel), both of Chicago, Illinois, for appellant.


WILTROUT, C.J.

This case had its origin in a trucktrain railroad crossing accident in which appellant received personal injuries for which he sought to recover damages. At the conclusion of appellant's evidence a verdict was directed for appellee, and such action is questioned here.

In determining whether a peremptory instruction should be given, directing a verdict, the court must accept as true all facts which the evidence tends to prove and draw against...

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