BARBEE v. McKAY

No. 20,245.

143 Ind. App. 205 (1968)

238 N.E.2d 690

BARBEE v. McKAY.

Court of Appeals of Indiana.

Rehearing denied September 11, 1968.

Transfer denied November 13, 1968.


Attorney(s) appearing for the Case

Scott and Shine, and John E. Scott, of counsel, of Anderson, for appellant.

Campbell, Malan, Kyle nad Proffitt, and C.V. Malan, of counsel, of Noblesville, for appellee.


CARSON, C.J.

This action was begun on January 4, 1962, in the Superior Court of Madison County by George McKay alleging that plaintiff's two (2) minor sons were killed in an accident because of the alleged wanton and wilfull misconduct of the defendant.

Upon change of venue, the cause was transferred to the Hamilton Circuit Court. The issues were formed by appellee's amended complaint in one paragraph and appellant's

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