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DUCHANE v. JOHNSON

No. 1-579A147.

400 N.E.2d 193 (1980)

Robert J. DUCHANE, Appellant (Defendant below), v. James M. JOHNSON, Appellee (Plaintiff below).

Court of Appeals of Indiana, First District.

February 11, 1980.

Attorney(s) appearing for the Case

Joseph Beardsley, Clinton, McGlone & Abel, Terre Haute, for appellant.

Malcolm H. Aukerman, Newport, Max E. Goodwin, Mann, Chaney, Johnson, Hicks & Goodwin, Terre Haute, for appellee.

ROBERTSON, Presiding Judge.

This appeal arises out of a jury verdict in favor of plaintiff-appellee James M. Johnson (Johnson) in a negligence suit brought by him against Robert J. Duchane (Duchane), the defendant-appellant. Duchane presents three basic issues for our review. The first is the failure of the trial court to give certain instructions tendered by Duchane concerning his theory of defense, and the second issue is the propriety of the giving of certain instructions...

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