BURK, ADMX., ETC. v. CHESAPEAKE AND OHIO R. CO.

No. 19,889.

138 Ind. App. 634 (1964)

202 N.E.2d 387

BURK, ADMINISTRATRIX OF THE ESTATE OF BURK, v. CHESAPEAKE AND OHIO RAILWAY COMPANY.

Court of Appeals of Indiana.

Rehearing denied December 30, 1964.

Transfer denied April 13, 1966.


Attorney(s) appearing for the Case

Tom F. Hirschauer, and Hillis & Hillis, of Logansport, for appellant.

Russel J. Wildman and Cole, Wildman & Cole, of Peru, for appellee.


CARSON, J.

The appellant, plaintiff below, brought this action against the appellee for the death of her husband whose pick-up truck was struck by a train of the appellee. The jury returned a verdict of $9,000.00 and also answered certain interrogatories. On motion of the appellee the trial court entered judgment for the appellee on the interrogatories and the answer thereto notwithstanding the general verdict.

The appellant assigned as error the sustaining...

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