KERNS ET AL. v. GARRIGUS

No. 19,385.

130 Ind. App. 133 (1959)

162 N.E.2d 313

KERNS ET AL. v. GARRIGUS

Court of Appeals of Indiana.

Filed November 20, 1959.


Attorney(s) appearing for the Case

Rosenfeld & Wolfe and Howard T. Batman, both of Terre Haute, for appellants.

Berry, Kincade & Allen and Gambill, Cox, Zwerner & Gambill, both of Terre Haute, for appellee.


MYERS, P.J.

This is an action commenced by appellee as plaintiff in the Vigo Superior Court, Room No. 2, to recover damages for personal injuries allegedly caused by the negligence of the appellants who were doing business as a coal mining company.

The complaint alleged in brief that on February 3, 1958, appellee was instructed to pick up a load of coal in his truck and deliver the same to a customer. While he was engaged in loading the coal into the truck...

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