STANSBERRY v. CLABBERS

No. 1-474A71.

330 N.E.2d 123 (1975)

Mary Rose STANSBERRY, Administratrix of Estate of William F. Stansberry, Deceased, and Arbet Truck Lines, Inc., Plaintiff-Appellant, v. Charles L. CLABBERS and Smith's Transfer Corporation, Defendants-Appellees.

Court of Appeals of Indiana, First District.

June 30, 1975.


Attorney(s) appearing for the Case

William C. Moore, Steckbeck & Moore, John H. Caress, Indianapolis, for plaintiff-appellant.

J.A. O'Neal, Ice, Miller, Donadio & Ryan, Indianapolis, Russell I. Richardson, Parr, Richey, Obrensky, Pedersen, & Morton, Lebanon, Leo Kriner, Kriner & Harman, Larry S. Pugh, Indianapolis, for appellees.


ROBERTSON, Chief Judge.

The plaintiffs-appellants, Stansberry and Arbet, appeal from a negative judgment entered on their claims for damages against defendants-appellees, Clabbers and Smith's Transfer, arrising out of a car-truck collision.

The sole issue upon appeal is whether the trial court erred in refusing a sudden emergency instruction tendered by plaintiffs and giving a sudden emergency instruction of its own.

A review of the facts most favorable...

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