[DOWNLOAD] "City Indianapolis v. Butzke" by 363. Supreme Court of Indiana No. 27 ~ Book PDF Kindle ePub Free

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eBook details

• Title: City Indianapolis v. Butzke
• Author : 363. Supreme Court of Indiana No. 27
• Release Date : January 22, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

FANSLER, J. The appellee, while a member of the fire department of the City of Indianapolis, was injured in a collision between two fire trucks, as a result of which he lost one of his legs. He brought this action seeking to recover damages for the injury. His complaint charges negligence in the maintenance of the city's fire apparatus. There was a trial, verdict, and judgment of $35,000 for the plaintiff. The appellee has moved to dismiss the appeal upon the ground that no question is presented for review. It is contended that the amended complaint was re-amended and the demurrer was not refiled, so that the ruling on the demurrer cannot be considered. But, as hereafter indicated, the same question arises upon the ruling on the motion for a new trial, and we need not consider that question. It is contended that the evidence is not properly brought into the record for the reason that the transcript of the evidence was filed in the office of the clerk before the bill of exceptions was presented to the Judge for his signature. The certificate of the Judge discloses that the bill of exceptions containing the evidence ""is now this 8 day of April, 1938, signed, sealed, and filed, and made a number in the record in this cause,"" and, since the certificate of the clerk, dated the same day, certifies that the bill of exceptions in the transcript

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