Indiana Supreme Court, 1868

Indianapolis, Cincinnati, & Lafayette Railroad v. Trisler

Indiana Supreme Court · Decided November 15, 1868 · Frazer

30 Ind. 243

Cases that cite this one

6 later published cases cite this decision.

Simpson v. Payne (Ind. 1877)
Fort Wayne, Muncie, & Cincinnati Railroad v. Grove (Ind. 1874)
Richardson v. Reed (Ind. 1871)
Waggoner v. Liston (Ind. 1871)
Madison & Indianapolis Railroad v. Taffe (Ind. 1871)
Evans v. Newland (Ind. 1870)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Frazer, J.

This case is here upon the evidence. The *244evidence upon one point was not, as it is given to us by a bill of exceptions, of the most satisfactory character. There was, however, evidence sufficient to put it out of our power to interfere.

W. Ctmbaclc, S. A. Bonner, and J. I). Miller, for appellant. B. W. Wilson and W. H. Carroll, for appellee.

The appellant argues the ease as if this court were to weigh the evidence and determine the preponderance thereof. Such is not our province. It must appear by the record, not merely that. the finding below was against the weight of evidence, hut that that finding was wrong beyond any question whatever, before we can interfere upon the evidence alone.

The judgment is affirmed, with ten per cent, damages, and costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.