King v. Ransburg

• Decision Date: 15 April 1942
• Docket Number: No. 16731.,16731.
• Citation: King v. Ransburg, 111 Ind.App 523, 40 N.E.2d 999 (Ind. App. 1942)
• Parties: KING et al. v. RANSBURG.
• Court: Indiana Appellate Court

111 Ind.App. 523

40 N.E.2d 999

KING et al.

v.RANSBURG.

No. 16731.

Appellate Court of Indiana, in Banc.

April 15, 1942.

Appeal from Circuit Court, Boone County; Ernest R. Stewart, Judge.

On petition for rehearing.

Petition denied.

For original opinion, see39 N.E.2d 822.White, Wright & Boleman and Geo. C. Forrey, III, all of Indianapolis, and Rogers & Smith, of Lebanon, Fenton, Steers, Beasley & Klee, of Indianapolis, for Philip Carey Co.

Seth Ward and Richard Smith, both of Indianapolis, and Scifres & Hollingsworth, of Lebanon, for appellee.

FLANAGAN, Judge.

Appellants have filed herein their petition for rehearing in which appellant the Philip Carey Company complains that this court in its opinion did not discuss its tendered instruction numbered one.AppellantCarey Company did tender an instruction numbered one which was refused by the court.This instruction was a peremptory one to return a verdict for said appellant.It raised no question other than the sufficiency of the evidence, which question was fully considered and discussed by this court in its original opinion.

No questions are presented by appellants' petition for rehearing which were not fully considered in the original opinion....