ELLSWORTH v. LUDWIG, ETC.

No. 20,117.

140 Ind. App. 437 (1967)

223 N.E.2d 764

ELLSWORTH v. LUDWIG, EXECUTRIX OF LE ROY LUDWIG, DECEASED.

Court of Appeals of Indiana.

Rehearing denied March 21, 1967.

Transfer denied November 1, 1967.


Attorney(s) appearing for the Case

Bernard S. Schrager and Max Buntman of South Bend, and George S. Keller, of Niles, Michigan, for appellant.

William E. Mills and R. Kent Rowe, of South Bend, for appellee.


SMITH, J.

This action arose in the Elkhart Circuit Court and involves a suit to recover damages for personal injuries sustained by the plaintiff-appellant, Barbara Ellsworth.

It appears from the record that appellant's husband, Kenneth Ellsworth, was well known in the community for his ability to consume alcoholic beverages, and he was known to exhibit this proclivity during working hours at his place of employment. Kenneth was employed as a truck driver by...

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