Lawyers' Reports Annotated Bk. 59

Cover Lawyers' Reports Annotated Bk. 59
Lawyers' Reports Annotated Bk. 59
Lawyers Co-Operative Publishing Company
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▼. Hicks, 11 Ind.
App. 588, 37 N- E. 43, 39 N. E. 767.
Such an allegation furnishes the predicate for proof of such Incidental facts and circum- stance* as fairly tend to establish the negli- gence of the primary fact complained of. Chi- cago, St. L. * P. R. Co. v. Barnes, 2 Ind. App.
213, 28 N. E. 328 ; Evansvllle & T. H. R. Co.
t. Krapf, 148 Ind. 647, 36 N. E. 901 ; Stendal t. Boyd, 67 Minn. 279, 69 N. W. 899 ; Snyder t. Wheeler Electrical Co. 43 W. Va. 661, 89 L.
S. A. 499, 28 8. E. 733.
And
... under It proof of any and every degree of negligence Is admissible. Ft. Wayne v. De Witt, 47 Ind. 391 : Evansvllle & T. H. R. Co.
t. Krapf, 143 Ind. 647, 36 N. E. 901 ; Morris t. Louisville & N. R. Co. 11 Ky. L. Rep. 698, 12 S. W. 940 ; McPheeters v. Hannibal & St. J. R.
Co. 45 Mo. 22 ; Shumacher v. St. Louis & 8. F.
R. Co. 39 Fed. 174.
The acts which It Is Intended to be shown were negligently done In an action for negligent io jury should be set out with a reasonable de- free of particularity and In some appropriate form of expression charged to have been neg- ligently done.


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