MOSTER v. BOWER

No. 871A167.

286 N.E.2d 418 (1972)

John R. MOSTER, Plaintiff-Appellant, v. Lourina BOWER, As Administratrix of the Estate of Alva W. Bower, Deceased, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied September 26, 1972.


Attorney(s) appearing for the Case

Ricos, Wade & Price, Indianapolis, Humbert & Fitch, Greensburg, Morris L. Klapper, Indianapolis, for plaintiff-appellant.

Hubert E. Wickens, Don Hubert Wickens, W. Michael Wilke, Greensburg, for defendant-appellee; Thompson & Jones, Columbus, of counsel.


LOWDERMILK, Judge.

This case is an appeal under common law negligence; the question of whether the court properly directed the defendant's verdict in the case comes to rest on whether or not there was any evidence or a reasonable inference or inferences that the decedent failed to exercise reasonable care for the safety of others.

The parties stipulated before trial that the plaintiff-appellant incurred $5,846.40 in medical bills which were admissible without...

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