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DALLAS & MAVIS FWDG. CO., INC. v. LIDDELL

No. 18,609.

234 Ind. 652 (1955)

130 N.E.2d 459

DALLAS & MAVIS FORWARDING COMPANY, INC. v. LIDDELL.

Supreme Court of Indiana.

Rehearing denied May 27, 1955.

Transfer denied December 15, 1955.

Attorney(s) appearing for the Case

Roland Obenchain, Jr., Roland Obenchain, Sr., Jones, Obenchain & Butler, all of South Bend, for appellant.

Winslow Van Horne, of Auburn, for appellee.

BOBBITT, C.J.

The principal question raised by the petition to transfer is the correctness of plaintiff's-appellee's Instruction No. 6, which was given by the court. The Appellate Court has held1 that this instruction as given was improper and that the rights of appellant, under the evidence in this case, were not prejudiced thereby. In this we concur. However, it is proper for the court to instruct the jury that in determining the amount...

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