Reports of Cases Decided in the Supreme Court of the State of Indiana (Volume 170) baixar o livro de graça

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908. Excerpt: ... Peln r. Miznerr--170 Ind. (509. ruled, and the judgment was permitted to stand as rendered. From this judgment appellants appealed in term time, and have assigned as errors, among others, the court's overruling of their separate and several demurrers to the second paragraph of the complaint. Appellee has moved to dismiss this appeal, upon the ground that the Model Steam Laundry Company is a coparty of appellants in the judgment, and has not 1. been united with them as a coiippellant and notified, as required by the statute. This is a term-time, and not a vacation, appeal, hence appellants were not required to unite with them as a coappellant the Model Steam Laundry Company. Acts 1895, p. 179, 675, 676 Burns 1908; Reiser v. Mills (1904), 162 Ind. 366; Gunn v. Haworth (1902), 159 Ind. 419. The motion to dismiss is, therefore, overruled. The Model Steam Laundry Company, as the evidence discloses, and as the jury finds in answer to interrogatories, is nothing more than the trade name under which ap 2. pellants operate a copartnership of which they are members. In fact, as shown, the Model Steam Laundry Company is a mere nonentity, and has no proper standing in this case as a party. It will be observed that appellee, in the second paragraph of the complaint, relies upon two grounds of negligence: (1) Appellants' neglect to warn and instruct her of the dangers of the machine upon which she was required to work; (2) their failure properly to guard the same, as required by law. Counsel for appellants insist that this paragraph of the complaint is insufficient on demurrer, for the reason that it is therein disclosed that appellee, at the time she was injured, was guilty of contributory negligence. Counsel argue that if it were conceded that, under the ...