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CHRYSLER CORPORATION v. ALUMBAUGH

No. 3-1173A152.

348 N.E.2d 654 (1976)

CHRYSLER CORPORATION, Defendant-Appellant, v. Frederick L. ALUMBAUGH, Plaintiff-Appellee, and Edward E. York, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

June 10, 1976.

Attorney(s) appearing for the Case

Joel C. Levy, Steven R. Crist, Highland, Tinkham, Beckman, Kelly & Singleton, Hammond, for defendant-appellant.

Michael C. Harris, Robert A. Welsh, Harris & Welsh, Chesterton, for Frederick L. Alumbaugh.

William S. Spangler, Spangler, Jennings, Spangler & Dougherty, Gary, for Edward E. York.

ON PETITION FOR REHEARING

GARRARD, Judge.

Chrysler's petition for rehearing questions, inter alia, whether the proper standard of appellate review was applied in determining that error in giving a "missing witness" instruction was harmless.

In support of its argument, Chrysler quotes from American Employers Ins. Co. v. Cornell (1948), 225 Ind. 559, 569, 76 N.E.2d 562, 566:

"It is true that prejudice from an erroneous instruction...

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