TIPMONT RURAL ELEC. MEMBERSHIP CORP. v. FISCHER

No. 61S05-9909-CV-482.

716 N.E.2d 357 (1999)

TIPMONT RURAL ELECTRIC MEMBERSHIP CORPORATION, Appellant (Defendant below), v. Gregg FISCHER and Susan Fischer, Appellees (Plaintiffs below).

Supreme Court of Indiana.

September 15, 1999.


Attorney(s) appearing for the Case

Peter L. Ombremskey, Lebanon, IN, John R. Kenley, Rockville, IN, Attorneys for Appellant.

Max E. Goodwin, James O. McDonald, Terre Haute, IN, Attorneys for Appellee.


SHEPARD, Chief Justice.

When the defendant in a civil jury trial seeks to appeal on grounds that the jury's verdict exceeded the scope of the evidence, must it first have filed a motion to correct error under Ind.Trial Rule 59? We hold that it need not do so.

Appellees Greg and Susan Fischer sued Tipmont Rural Electric Membership Corporation for damage done to their dairy herd by stray voltage. The jury awarded nearly $1.7 million.

On appeal, Tipmont...

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