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Baker v. Carr - 100 Ind. 330 (1885)

Rule:

The rejection of a proper question will not warrant the reversal of a judgment, the record not showing that the party was injured thereby.

Facts:

Plaintiff Carr, a lumber yard owner, filed an action to recover an unpaid sum due for sawing logs at the request of defendant Baker, a sawmill owner. The jury returned a verdict in favor of the plaintiff in the amount of $86.85. The trial court overruled defendant’s motion for new trial. Defendant sought review asserting that the jury verdict was not supported by the weight of evidence.

Issue:

Is the defendant entitled to reversal of judgment due to the insufficiency of evidence?

Answer:

No.

Conclusion:

The court held that the jury did not accept the defendant’s testimony; the jury found that defendant was the owner of the logs and liable for the sawmill bill and not a third party. The court found that the lumber yard owner contracted with the third party for lumber to be delivered at the lumber yard for a price certain. The court found that the third party had no money to pay for either logs, sawing, or hauling. The court found that the lumber yard owner agreed with the third party to accept and pay for orders in favor of the sawmill owner, who agreed to do the sawing.

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