City of Indianapolis v. Byrne
City of Indianapolis v. Byrne
Opinion of the Court
— Joseph Byrne commenced this action against the city of Indianapolis and the Vandalia Railroad Company to recover damages for personal
The only error presented by this appeal relates to the action of the court in permitting appellee Byrne, while testifying as a witness on his own'behalf, to answer the following question over appellant’s objection, and in refusing to strike out the answer thereto: “Was this place you fell into, this rut or washout, in the city of Indianapolis'?” Answer, “Yes.” The record discloses that the purpose of this question and answer was to show that the place at which the witness received his alleged injury was within the corporate limits of said city. The question and answer were proper for such purpose, and the court did not err in its rulings with reference thereto. McKeen v. Haskell (1886), 108 Ind. 97, 8 N. E. 901; Shea v. City of Muncie (1897), 148 Ind. 14, 46 N. E. 138; Indianapolis Union R. Co. v. Waddington (1907), 169 Ind. 448, 82 N. E. 1030; New York, etc., R. Co. v. Lind (1913), 180 Ind. 38, 102 N. E. 449; Wabash R. Co. v. Gretzinger (1914), 182 Ind. 155, 104 N. E. 69. These authorities render a discussion of the question unnecessary. Appellant cites the case of Miller v. City of
"We find no error in the record. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.