Indiana Court of Appeals, 1921

Gary & Southern Traction Co. v. Callner

Gary & Southern Traction Co. v. Callner
Indiana Court of Appeals · Decided April 6, 1921 · Nichols
75 Ind. App. 300; 130 N.E. 425; 1921 Ind. App. LEXIS 269

Gary & Southern Traction Co. v. Callner

Opinion of the Court

Nichols, J.

Action by appellee for damages for injuries to a motor truck owned by appellee, and which was injured by collision with appellant’s interurban car. Trial by jury, verdict for $800. Judgment on the verdict, after the motion for a new trial was overruled. The only error presented is the action of the court in overruling appellant’s motion for a new trial. The *301questions presented upon such motion depend on the general bill of exceptions. The motion for a new trial was overruled December 15, 1919, at which time sixty days was given to file the bill of exceptions. The bill of exceptions was filed February 14, 1920, sixty-one days after the motion for a new trial was overruled and time given to file the bill of exceptions. Too late. The judgment is affirmed. •

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