CHI., INDPLS. & LOUISVILLE R. CO. v. CARTER ET AL.

No. 1170A187.

149 Ind. App. 649 (1971)

274 N.E.2d 537

CHICAGO, INDIANAPOLIS & LOUISVILLE RAILROAD CO., D/B/A MONON RAILROAD v. C. KENT CARTER, PERSONAL REPRESENTATIVE AND FRED HARP.

Court of Appeals of Indiana.

Filed November 3, 1971.


Attorney(s) appearing for the Case

James R. Cotner, Snyder, Bunger, Cotner, Harrell & Robertson, of Bloomington, for appellant.

C. Kent Carter, of Bloomington, for appellee.


HOFFMAN, C.J.

In this appeal, appellant Chicago, Indianapolis and Louisville Railroad Company (Railroad) raises two issues for the court's consideration: 1) whether the verdict of the jury is sustained by sufficient evidence from which it could have concluded that defendant was negligent; and 2) whether the verdict of the jury was contrary to law in that the jury did not apply the doctrine of contributory negligence.

The facts of this case as shown by the...

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