Wiggam Milk Co. v. Johnson, 27039.

CourtSupreme Court of Indiana
Citation213 Ind. 508,13 N.E.2d 522
Docket NumberNo. 27039.,27039.
Decision Date10 March 1938

213 Ind. 508
13 N.E.2d 522


No. 27039.

Supreme Court of Indiana.

March 10, 1938.

Action by Elijah L. Johnson, Jr., against Wiggam Milk Company, to recover damages for personal injuries occasioned in an automobile collision. From the judgment, the defendant appeals.


[13 N.E.2d 522]

Appeal from Superior Court, Marion County; W. A. Pickens, judge.
Carl Lee Compton, of Indianapolis, for appellant.

Jos. K. Brown and E. L. Johnson, Jr., both of Indianapolis, for appellee.

ROLL, Chief Justice.

Appellee brought this action in the Marion superior court to recover damages for a personal injury occasioned by an automobile collision. The appellant was named in the caption of the complaint as ‘Wiggam Milk Company, Inc., 1050 W. 31st street.’ In the body of the complaint it was alleged ‘that on the 18th day of September, 1935, at about the hour between six (6) and seven (7) o'clock P. M. he was driving his automobile on and along Tenth street going east, and defendant Wiggam Milk Company by its agent Elsey Eubank was driving said defendant's truck, license number T 12965 etc.’

Summons was issued for the defendant, which summons in part reads as follows: ‘You are hereby commanded to summons Wiggam Milk Company Inc., Thomas B. Wiggam, President and A. Corbell, Secretary.’

The return of the sheriff reads as follows: ‘Sheriff's Return. Came to hand Sep 24, 1935, and served the within named Wiggam Milk Company Incorporated by reading this writ to, and within the hearing of Thomas B. Wiggam, President of said company and delivered to him a true copy thereof, he being the highest officer of said company found within my bailiwick. Sep 24 1935 Otto Ray Sheriff of Marion County per Sullivan, Deputy.’

The defendant appeared to said action and filed answer in general denial. On December 17, 1935, the following entry was made in said cause:

[13 N.E.2d 523]

Come now the parties and by counsel and this cause being at issue it is now submitted to the court for trial and by agreement of the parties the court finds for the plaintiff that he is entitled to recover of the defendant, Wiggam Milk Company, Inc., the sum of $450.00 damages and the cost herein.

‘It is, therefore, considered and adjudged by the court that the plaintiff have and recover of and from the defendant, Wiggam Milk Company Inc., the sum of $450.00 damages and the costs herein expended and taxed at _____.’

Afterwards on the 19th day of February, being the fourteenth judicial day of the...

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