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Administrator Admr agent alleged amount answer appellant's appellee's averred Barnett bond Catholic Benevolent Legion cause of action charge Chicago and Erie Chicago and St Circuit Court claim complaint condition consideration contract court erred damages Davis decedent defective defendant defendant's demurrer duty employes engine entitled Erie Railroad erred in overruling error assigned Evansville evidence ex rel executed facts favor filed Franklin College Indiana injury insisted instructions J.—The appellee Jesse Davis Judgment affirmed jury lant lant's liability lots Louis and Pittsburgh Louisville McClure ment mortgage motion negligence owner parties payment pellant pellee Pennsylvania Co Pennsylvania Company person plaintiff plat pleading proper question R. W. Co reason record recover refused relief rendered reversed Rial Benjamin Roseboom rule Section Section Section special finding statute street sufficient supra sustained Terre Haute theory thereof tion track train trial court witness
Page 200 - Where a special finding of facts shall be inconsistent with the general verdict, the former shall control the latter, and the court shall give judgment accordingly.
Page 66 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Page 535 - No carrier shall be liable for loss or damage not occurring on its own road or its portion of the through route, nor after said property is ready for delivery to the next carrier or to consignee.
Page 388 - The proximate cause of an injury is that cause which, in natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury, and without which the result would not have occurred.
Page 326 - Every contracting party has an absolute right to rely on the express statement of an existing fact, the truth of which is known to the opposite party and unknown to him, as the basis of a mutual agreement...
Page 641 - The other error assigned Is that the court erred In overruling the motion of appellant for a new trial.
Page 599 - A counter-claim i's any matter arising out of or connected with the cause of action which might be the subject of an action in favor of the defendant, or which would tend to reduce the plaintiff's claim or demand for damages.
Page 220 - ... premises, but that it is sufficient if it appears that the circumstances surrounding the act of commission or omission are such as "evinced a reckless disregard for the safety of others, and a willingness to Inflict the InJury complained of.
Page 682 - A special contract Is one with peculiar provisions or stipulations not found in the ordinary contract relating to the same subject-matter. These provisions are such which, if omitted from the ordinary contract, the law will never supply.