230 N.E.2d 315 (Ind. 1967), 1067S104, Hendrix v. Harbelis

Docket Nº:1067S104.
Citation:230 N.E.2d 315, 248 Ind. 619
Party Name:Thomas HENDRIX, Appellant, v. Peter HARBELIS, Appellee.
Case Date:October 17, 1967
Court:Supreme Court of Indiana

Page 315

230 N.E.2d 315 (Ind. 1967)

248 Ind. 619

Thomas HENDRIX, Appellant,

v.

Peter HARBELIS, Appellee.

No. 1067S104.

Supreme Court of Indiana.

October 17, 1967

Page 316

Page 317

[248 Ind. 620] Fred M. Stults, Jr., Gary, for appellant.

Barce, Barce & Vann, Kentland, Chris J. Pappas, Gary, for appellee.

ARTERBURN, Judge.

This case is here on petition to transfer from the Appellate Court. (See opinion reported in 209 N.E.2d 906).

It is an action by plaintiff-appellee to recover damages for personal injuries which he allegedly sustained while crossing an intersection in a crosswalk for pedestrians in the City of Gary, Indiana.

The evidence in the case is brief, being that presented only by the plaintiff. It may be summarized as follows:

'That Peter Harbelis, the appellee, on April 27, 1959, was walking along a two-lane, north-south street, Lincoln Street; that upon reaching the intersection of Lincoln Street and Fourth Avenue, a four-lane, east-west highway, he stopped; that appellee 'looked around' on Fourth Avenue and Lincoln Street and saw no traffic; that appellee than proceeded across Fourth Avenue in the crosswalk and as he reached a point approximately in middle of the two east-bound lanes the appellant collided with him, or in the words of the appellee there was a fellow 'coming running hit me'; that said collision threw him down, that he had blood on his arms and legs; that his right forearm was injured and that the right side of his coat was torn; that 'he hit me back [248 Ind. 621] here with his car'; that the area of the accident was residential in nature; that there was a stop sign for southbound traffic on Lincoln Street requiring vehicles traveling south to stop before entering Fourth Avenue; that there was no electric traffic control signal at the intersection in question; there was one a block to the east of the intersection concerned and another two blocks to the west of the intersection governing movement of traffic on Fourth Avenue. There was also testimony establishing the nature and extent of the injuries sustained by the appellee.'

The defendant-appellant admitted in his answer that he was the owner of the automobile and was driving it at the time and place of the accident.

The trial was by jury. At the close of appellee's evidence, appellant filed a motion for a directed verdict, which the court overruled. Appellant renewed this motion at the close of all the evidence, and the court also overruled the motion. The jury returned a verdict for the appellee in the amount of...

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41 practice notes
  • 528 F.2d 1313 (7th Cir. 1976), 75--1180, Johnson v. Baltimore & O. R. Co.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Seventh Circuit
    • 7 Enero 1976
    ...upon the wording and defined meaning of instructions which for exceed their actual effect upon the jury.' Hendrix v. Harbelis (1967), 248 Ind. 619, 230 N.E.2d 315; see also Perry v. Goss (1970), 253 Ind. 603, 255 N.E.2d 923, 20 Ind.Dec. 433. But this is not applicable to an instruction whic......
  • 230 N.E.2d 396 (Ind. 1967), 31160, Hawkins v. City of Greenfield
    • United States
    • Indiana Supreme Court of Indiana
    • 17 Octubre 1967
    ...and minds of men and women resolve honestly and sincerely, with a really dedicated purpose, affirmatively to do whatever be necessary to [248 Ind. 619] halt the changes in governmental concept now so apparent to objective thinkers. This will not be easy; it will be worth the effort. The jud......
  • 267 N.E.2d 198 (Ind.App. 1971), 1069A187, Echterling v. Jack Gray Transport, Inc.
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Marzo 1971
    ...use in a different case would not constitute reversible error. Judge Arterburn, speaking for our Supreme Court in Hendrix v. Harbelis, 248 Ind. 619, at 624, 230 N.E.2d 315, at 319 (1967), summed up the problem of instructing a jury as follows: 'Instructing a jury is a most difficult and com......
  • 304 N.E.2d 337 (Ind.App. 2 Dist. 1973), 2--672A26, Jones v. Indianapolis Power & Light Co.
    • United States
    • Indiana Court of Appeals of Indiana
    • 13 Diciembre 1973
    ...tending to support at least one of the plaintiff's allegations. Specifically, our Supreme Court held in Hendrix v. Harbelis (1967), 248 Ind. 619, 623, 230 N.E.2d 315, 318, that: "It is only where there is a total absence of evidence or legitimate inferences in favor of plaintiff upon t......
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41 cases
  • 528 F.2d 1313 (7th Cir. 1976), 75--1180, Johnson v. Baltimore & O. R. Co.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Seventh Circuit
    • 7 Enero 1976
    ...upon the wording and defined meaning of instructions which for exceed their actual effect upon the jury.' Hendrix v. Harbelis (1967), 248 Ind. 619, 230 N.E.2d 315; see also Perry v. Goss (1970), 253 Ind. 603, 255 N.E.2d 923, 20 Ind.Dec. 433. But this is not applicable to an instruction whic......
  • 230 N.E.2d 396 (Ind. 1967), 31160, Hawkins v. City of Greenfield
    • United States
    • Indiana Supreme Court of Indiana
    • 17 Octubre 1967
    ...and minds of men and women resolve honestly and sincerely, with a really dedicated purpose, affirmatively to do whatever be necessary to [248 Ind. 619] halt the changes in governmental concept now so apparent to objective thinkers. This will not be easy; it will be worth the effort. The jud......
  • 267 N.E.2d 198 (Ind.App. 1971), 1069A187, Echterling v. Jack Gray Transport, Inc.
    • United States
    • Indiana Court of Appeals of Indiana
    • 8 Marzo 1971
    ...use in a different case would not constitute reversible error. Judge Arterburn, speaking for our Supreme Court in Hendrix v. Harbelis, 248 Ind. 619, at 624, 230 N.E.2d 315, at 319 (1967), summed up the problem of instructing a jury as follows: 'Instructing a jury is a most difficult and com......
  • 304 N.E.2d 337 (Ind.App. 2 Dist. 1973), 2--672A26, Jones v. Indianapolis Power & Light Co.
    • United States
    • Indiana Court of Appeals of Indiana
    • 13 Diciembre 1973
    ...tending to support at least one of the plaintiff's allegations. Specifically, our Supreme Court held in Hendrix v. Harbelis (1967), 248 Ind. 619, 623, 230 N.E.2d 315, 318, that: "It is only where there is a total absence of evidence or legitimate inferences in favor of plaintiff upon t......
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