Rans v. Pennsylvania R. Co., 19429

Decision Date05 July 1962
Docket NumberNo. 19429,No. 1,19429,1
Citation133 Ind.App. 592,184 N.E.2d 37
PartiesDelbert R. RANS, Jr., Appellant, v. The PENNSYLVANIA RAILROAD COMPANY, Appellee
CourtIndiana Appellate Court

On petition for rehearing.

For original opinion see 181 N.E.2d 644.

Arthur Metzler, Rochester, Charles C. Campbell, Rochester, Kizer & Neu, Marshall F. Kizer, Plymouth, for appellant.

Crumpacker, May, Beamer, Levy & Searer, Shepard Crumpacker, South Bend, for appellee.

COOPER, Presiding Justice.

This matter is now before us on the appellee's petition for rehearing.

In the foregoing cause we have not rendered a final opinion adverse to the appellee or to the appellant; we have merely remanded this cause to the trial court with certain instructions, and when said instructions are carried out, we will be better able to render justice under the law in said cause.

Petition for rehearing is hereby denied until after final determination.

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10 cases
  • Collins v. Grabler
    • United States
    • Indiana Appellate Court
    • October 22, 1970
    ...trial court in granting the defendant's motion for new trial. Rans v. The Pennsylvania R.R. Co. (1962), 133 Ind.App. 592, 181 N.E.2d 644, 184 N.E.2d 37. The majority, therefore, would be within its prerogative in sustaining the granting of a motion for new trial if, in fact, the motion is w......
  • White v. Bardach
    • United States
    • Indiana Appellate Court
    • November 26, 1968
    ...Railroad Company (1962), 134 Ind.App. 120, 186 N.E.2d 699; Rans v. Pennsylvania Railroad Co. (1962), 133 Ind.App. 592, 181 N.E.2d 644, 184 N.E.2d 37. Judge Hunter in the Bailey case succinctly and ably spoke as 'It therefore becomes the sole duty of this court to examine the record to see i......
  • Landers v. McComb Window & Door Co.
    • United States
    • Indiana Appellate Court
    • June 23, 1969
    ...See Bailey v. Kain, 135 Ind.App. 657, 192 N.E.2d 486 (1963); Rans v. Pennsylvania Railroad Co., 133 Ind.App. 592, 181 N.E.2d 644, 184 N.E.2d 37 (1963). In this case the trial court quite properly limited the reason for his granting a new trial to a single one: Error in failing to direct a v......
  • Bailey v. Kain
    • United States
    • Indiana Appellate Court
    • September 17, 1963
    ...Pennsylvania Railroad Company (Ind.App.1962), 186 N.E.2d 699; Rans v. Pennsylvania Railroad Co. (1962), 133 Ind.App. 592, 181 N.E.2d 644, 184 N.E.2d 37. It therefore becomes the sole duty of this court to examine the record to see if (1) the trial court abused its judicial discretion (2) a ......
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