COOPER v. HIGH

No. 1-573A94.

303 N.E.2d 829 (1973)

Rosemond A. COOPER and Union Cab Company, Defendants-Appellants, v. Donald HIGH, Plaintiff-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied January 15, 1974.


Attorney(s) appearing for the Case

Eric A. Frey, Rosenfeld, Wolfe & Frey, Terre Haute, for defendants-appellants.

Robert L. Wright, Berry, Miller & Wright, Terre Haute, for plaintiff-appellee.


ROBERTSON, Presiding Judge.

This case arises out of an auto collision in which defendant-appellant's (Union Cab) taxi "rear-ended" the auto being driven by plaintiff-appellee (High). Trial was had on the issue of damages only and from the judgment entered on the jury verdict of $24,500 Union Cab brings this appeal.

We are of the opinion that reversible error arises from the trial court giving the following instruction:

"The sole question which you...

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