Union Traction Company of Indiana v. Wolf

• Decision Date: 02 June 1920
• Docket Number: 10,434
• Citation: 127 N.E. 564,73 Ind.App. 392
• Parties: UNION TRACTION COMPANY OF INDIANA v. WOLF
• Court: Indiana Appellate Court

127 N.E. 564

73 Ind.App. 392

UNION TRACTION COMPANY OF INDIANA v. WOLF

No. 10,434

Court of Appeals of Indiana

June 2, 1920

From Delaware Superior Court; Robert M. Van Atta, Judge.

Action by Charles Wolf against the Union Traction Company of Indiana. From a judgment for plaintiff, the defendant appeals.

Reversed.

J. A. Van Osdol, W. A. Kittenger, W. S. Diven and Albert Diven, for appellant.

OPINION

NICHOLS, J.

Appellee has failed to file any brief. It has been repeatedly held by this court and by the Supreme Court that a failure on the part of the appellee to file a brief may be treated as a confession of error, warranting reversal. Eigelsbach v. Kanne (1915), 184 Ind. 62, 110 N.E. 549; Huddleston v. Huddleston (1916), 184 Ind. 168, 110 N.E. 980; Veit v. Windhorst (1916), 184 Ind. 351, 110 N.E. 666. Having examined appellant's brief, we are satisfied that in this case the rule should be invoked.

Judgment reversed, with instruction to the trial court to grant a new trial.