Indiana Court of Appeals, 1922

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Smith

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Smith
Indiana Court of Appeals · Decided May 12, 1922 · Dausman
79 Ind. App. 697; 135 N.E. 266; 1922 Ind. App. LEXIS 256

Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Smith

Opinion of the Court

Dausman, C. J.

This is á second appeal. Smith, Admx., v. Cleveland, etc., R. Co. (1917), 67 Ind. App. 397, 117 N. E. 534. The only alleged error presented, which has not been settled by the law of the case as announced in the opinion in the former *698appeal, is the ruling on the motion for a new trial. We have carefully considered the instructions given and those refused, and we find no reversible error in that regard. We have examined the evidence, and we find that it tends fairly to sustain the verdict in every essential feature.

The judgment is affirmed.

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