U.S. Steel Corp. v. Cicilian
| Decision Date | 09 April 1962 |
| Docket Number | No. 19582,No. 2,19582,2 |
| Citation | 181 N.E.2d 538,133 Ind.App. 249 |
| Parties | UNITED STATES STEEL CORPORATION, a Corporation, Appellant, v. Anna CICILIAN, Appellee |
| Court | Indiana Appellate Court |
Stevenson, Conaghan, Hackbert, Rooks & Pitts, Chicago, Ill., White, Raub & Forrey, Indianapolis, for appellant.
M. B. Tomsich, Gary, for appellee.
The appellee has filed herein a petition asserting that our opinion in this cause is erroneous in certain respects.
The assignment of error was filed by the appellant in the office of the clerk of this court on December 15, 1960. From that date down to the filing of the aforesaid petition on March 19, 1962, the appellee entered no appearance and filed no brief. Upon such failure of appellee to file answer brief, we were vested with a discretion. It may have been advisable to treat such failure as a confession of error and have remanded the case for further proceedings without any opinion on the merits. 2 I.L.E. Appeals § 394, pages 275, 277, and cases cited. However, we exercised our discretion on behalf of appellee and considered and determined the questions presented by appellant's brief without any assistance from appellee.
Now for the first time, upon petition for a rehearing, appellee seeks to discuss the questions presented and argued by appellant in its brief. It is too late for appellee, after the case has been decided, to seek to present by a petition for rehearing the matters, question and propositions which were proper for presentation and treatment in an answer brief.
To the end that no injustice may have occurred by reason of appellee's omission to file her brief, we have examined said petition for a rehearing. We find nothing therein which calls for any change or alteration of our original opinion. Of the ten asserted reasons, some are duplications in substance, others give no reason why the decision is thought to be erroneous as required by Rule 2-22, while others contain assumptions and unfounded conjectures as to certain stated facts which find no basis in the evidence. Generally, see Automobile Underwriters, Inc., v. Smith (1961), Ind., 171 N.E.2d 823, 825.
The petition for a rehearing is dismissed.
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Mamula v. Ford Motor Co., 371A49
...manner in which the plaintiff fell, this Court cited United States Steel Corporation v. Cicilian, 133 Ind.App. 249, 180 N.E.2d 381, 181 N.E.2d 538 (1962), for the proposition that 'such 'unexplained circumstances' do not permit the drawing of 'Also cited in Iwaniuk was Halkias v. Gary Natio......
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B. P. O. Elks, No. 209 v. Sponholtz
...N.E.2d 862. In the case of United States Steel Corporation v. Cicilian (1961) 133 Ind.App. 249, at page 252, 180 N.E.2d 381, at page 382, 181 N.E.2d 538, we find the following statement of Judge 'It is no longer sufficient to predicate liability of the employer upon mere proof that the empl......
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Gentry v. Jordan
...§ 315, and citations in notes.'United States Steel Corporation v. Cicilian (1961), 133 Ind.App. 249, 252, 180 N.E.2d 381, 382, 181 N.E.2d 538. (Our ...
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Blue & White Service, Inc. v. Public Service Commission
...291; and United States Steel Corp. v. Cicilian (1962), 133 Ind.App. 249, 180 N.E.2d 381. (Petition for rehearing dismissed 133 Ind.App. 249, 181 N.E.2d 538.) It is further well settled by the decisions of this Court and the Supreme Court that the failure of an appellee to file a brief in an......