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WHITAKER, ADMR. v. BORNTRAGER

No. 29,208.

233 Ind. 678 (1954)

122 N.E.2d 734

WHITAKER, ADMINISTRATOR OF THE ESTATE OF SALYER, DECEASED v. BORNTRAGER.

Supreme Court of Indiana.

Filed December 1, 1954.

Attorney(s) appearing for the Case

Louis Reidelbach, of Winamac, Robert H. Moore, of Gary, and John Hopkins, of Rensselaer, for appellant.

Cope J. Hanley, of Rensselaer, for appellee.

GILKISON, J.

A single question is presented by this appeal. That question is: Did the trial court err in sustaining a motion for a peremptory instruction in favor of the defendant, at the close of plaintiff's evidence? If that action was error the cause should be reversed. Otherwise it should be affirmed. When may a trial court properly give the trial jury a peremptory instruction to find for the defendant? The answer seems to be:

When there is a total absence...

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