examination hearing in Indiana

2010That issue is settled: "Landowners have a duty to take reasonable precautions to protect their invitees from foreseeable criminal attacks." Bartolini, 799 N.E.2d at 1052 .

2010That issue is settled: "Landowners have a duty to take reasonable precautions to protect their invitees from foreseeable criminal attacks." Bartolini, 799 N.E.2d at 1052 . *627 Id. at 7.

1968Our court has re affirmed this in Cook v. Albrecht et al. (1957), 127 Ind. App. 457 , 143 N. E. 2d 121, 122 , where this court stated at p. 459: An examination of the rule in question and the authorities interpreting the rule, both before and after the 1943 amendment of the rules, seems to warrant the conclusion that where the failure to properly name parties will not be treated as jurisdictional under the rule, applies to cases of mispelled names of parties, the naming of an appellee as an appellant, or an appellant as an appellee, or the failure to designate the capacity of a party, or cases

1968Our court has re affirmed this in Cook v. Albrecht et al. (1957), 127 Ind. App. 457 , 143 N. E. 2d 121, 122 , where this court stated at p. 459: An examination of the rule in question and the authorities interpreting the rule, both before and after the 1943 amendment of the rules, seems to warrant the conclusion that where the failure to properly name parties will not be treated as jurisdictional under the rule, applies to cases of mispelled names of parties, the naming of an appellee as an appellant, or an appellant as an appellee, or the failure to designate the capacity of a party, or cases

2010More precisely, the court must examine "all of the cireumstances surrounding an event, including the nature, condition, and location of the land, as well as prior similar incidents to determine whether a criminal act was foreseeable." Delta Tau Delta, 712 N.E.2d at 972 , We emphasize that this examination is not an inquiry into whether or to what extent a landowner owes a duty to a business invitee.

1991Rose v. Clark, 478 U.S. 570 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986); Sandstrom, supra; Reid, supra. In this case, appellant was first tried in 1975 and the result was a hung jury.

1991Rose v. Clark, 478 U.S. 570 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986); Sandstrom, supra; Reid, supra. In this case, appellant was first tried in 1975 and the result was a hung jury.

1991Rose v. Clark, 478 U.S. 570 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986); Sandstrom, supra; Reid, supra. In this case, appellant was first tried in 1975 and the result was a hung jury.

1983Bowman v. State, (1934) 207 Ind. 358 , 192 N.E. 755 ; Kirkland v. State, (1956) 235 Ind. 450 , 134 N.E.2d 223 ." An examination of the hearing on the September 15th motion reveals that the trial court originally raised the question of insufficient verdict forms.

1983Bowman v. State, (1934) 207 Ind. 358 , 192 N.E. 755 ; Kirkland v. State, (1956) 235 Ind. 450 , 134 N.E.2d 223 ." An examination of the hearing on the September 15th motion reveals that the trial court originally raised the question of insufficient verdict forms.

1983Bowman v. State, (1934) 207 Ind. 358 , 192 N.E. 755 ; Kirkland v. State, (1956) 235 Ind. 450 , 134 N.E.2d 223 ." An examination of the hearing on the September 15th motion reveals that the trial court originally raised the question of insufficient verdict forms.

1983Bowman v. State, (1934) 207 Ind. 358 , 192 N.E. 755 ; Kirkland v. State, (1956) 235 Ind. 450 , 134 N.E.2d 223 ." An examination of the hearing on the September 15th motion reveals that the trial court originally raised the question of insufficient verdict forms.

1973Johnson v. State (1971), 256 Ind. 497 , 269 N.E.2d 879 , cert. den., 405 U.S. 921 (1972) ; LaDuron v. State (1973), 157 Ind. App. 189 , 299 N.E.2d 227 .

1973Johnson v. State (1971), 256 Ind. 497 , 269 N.E.2d 879 , cert. den., 405 U.S. 921 (1972) ; LaDuron v. State (1973), 157 Ind. App. 189 , 299 N.E.2d 227 .

1973Johnson v. State (1971), 256 Ind. 497 , 269 N.E.2d 879 , cert. den., 405 U.S. 921 (1972) ; LaDuron v. State (1973), 157 Ind. App. 189 , 299 N.E.2d 227 .

1973Johnson v. State (1971), 256 Ind. 497 , 269 N.E.2d 879 , cert. den., 405 U.S. 921 (1972) ; LaDuron v. State (1973), 157 Ind. App. 189 , 299 N.E.2d 227 .

1973This question was put to issue in Braughton v. Metropolitan Board of Zoning Appeals, Marion County, et al. (1970), 146 Ind. App. 652 , 257 N.E.2d 839 , wherein the court stated: “Although this question is one of first impression in Indiana, it may be said generally that a zoning board should not indiscriminately or repeatedly reconsider a determination denying a variance absent a change of conditions or circumstances.” (Cases cited.) “If it were otherwise there would be no finality to such proceedings.” (Cases cited.) In the case at bar, Commission found that the plat submitted on August 25, 1

1973This question was put to issue in Braughton v. Metropolitan Board of Zoning Appeals, Marion County, et al. (1970), 146 Ind. App. 652 , 257 N.E.2d 839 , wherein the court stated: “Although this question is one of first impression in Indiana, it may be said generally that a zoning board should not indiscriminately or repeatedly reconsider a determination denying a variance absent a change of conditions or circumstances.” (Cases cited.) “If it were otherwise there would be no finality to such proceedings.” (Cases cited.) In the case at bar, Commission found that the plat submitted on August 25, 1

1973Johnson v. State (1971), 256 Ind. 497 , 269 N.E.2d 879 , cert. den., 405 U.S. 921 (1972) ; LaDuron v. State (1973), 157 Ind. App. 189 , 299 N.E.2d 227 .

1969“An examination of the instruction proffered by the plaintiff and refused by the court, to wit, ‘A child of tender years may be expected to conform only to that standard of conduct that is to be reasonably expected of a child of its age, intelligence and experience under like circumstances,’ adequately states the care to be expected from a child and should have been given.” In Carr v. Southern Pennsylvania Traction Co., 253 Pa. 274 , 98 A. 554 (1916), which involved a fire upon the premises in which a four year old child came from a nearby street and was severely burned, the evidence showed th

1969“An examination of the instruction proffered by the plaintiff and refused by the court, to wit, ‘A child of tender years may be expected to conform only to that standard of conduct that is to be reasonably expected of a child of its age, intelligence and experience under like circumstances,’ adequately states the care to be expected from a child and should have been given.” In Carr v. Southern Pennsylvania Traction Co., 253 Pa. 274 , 98 A. 554 (1916), which involved a fire upon the premises in which a four year old child came from a nearby street and was severely burned, the evidence showed th

1968Our court has re affirmed this in Cook v. Albrecht et al. (1957), 127 Ind. App. 457 , 143 N. E. 2d 121, 122 , where this court stated at p. 459: An examination of the rule in question and the authorities interpreting the rule, both before and after the 1943 amendment of the rules, seems to warrant the conclusion that where the failure to properly name parties will not be treated as jurisdictional under the rule, applies to cases of mispelled names of parties, the naming of an appellee as an appellant, or an appellant as an appellee, or the failure to designate the capacity of a party, or cases

1968Our court has re affirmed this in Cook v. Albrecht et al. (1957), 127 Ind. App. 457 , 143 N. E. 2d 121, 122 , where this court stated at p. 459: An examination of the rule in question and the authorities interpreting the rule, both before and after the 1943 amendment of the rules, seems to warrant the conclusion that where the failure to properly name parties will not be treated as jurisdictional under the rule, applies to cases of mispelled names of parties, the naming of an appellee as an appellant, or an appellant as an appellee, or the failure to designate the capacity of a party, or cases

1965Item No. 7 is: “The time, if any, which he has already lost up to the present time as the result of such injuries.” (Emphasis supplied) Item No. 8 is: “His loss of time, wages and income in the future, if any, and his future inability to work and earn a livelihood, if any, resulting from such injuries.” (Emphasis supplied) From an examination of instruction No. 12 it is quite apparent that it is not a mandatory instruction and every single element of damage set forth therein is always qualified by the phrase “if any.” In Loehr v. Meuser (1950), 120 Ind. App. 630 , 93 N. E. (2d) 363, the appell

1944Fitts v. MeGhee (1899), 172 U. S. 516 , 19 S. Ct. 269 , 43 L. ed. 535.” Later in the opinion three prior cases granting relief by injunction were noted and distinguished including Davis v. Fasig (1891), 128 Ind. 271 , 27 N. E. 726 .

1944Fitts v. MeGhee (1899), 172 U. S. 516 , 19 S. Ct. 269 , 43 L. ed. 535.” Later in the opinion three prior cases granting relief by injunction were noted and distinguished including Davis v. Fasig (1891), 128 Ind. 271 , 27 N. E. 726 .

1944Fitts v. MeGhee (1899), 172 U. S. 516 , 19 S. Ct. 269 , 43 L. ed. 535.” Later in the opinion three prior cases granting relief by injunction were noted and distinguished including Davis v. Fasig (1891), 128 Ind. 271 , 27 N. E. 726 .

1944Fitts v. MeGhee (1899), 172 U. S. 516 , 19 S. Ct. 269 , 43 L. ed. 535.” Later in the opinion three prior cases granting relief by injunction were noted and distinguished including Davis v. Fasig (1891), 128 Ind. 271 , 27 N. E. 726 .

1942General Realty Co. v. Silcox (1926), 84 Ind. App. 451 , 146 N. E. 408 .

1942General Realty Co. v. Silcox (1926), 84 Ind. App. 451 , 146 N. E. 408 .

1934“From an examination and analysis of the authorities, it appears to be the rule that courts of equity have no jurisdiction to enjoin actions at law by a state, but that they have jurisdiction to enjoin officers who, under color of authority of unóonstitutional or void legislation by the state, are guilty of personal trespasses, wrongs, infringements or encroachments upon the property of an individual in violation of his constitutional rights, and that a criminal action is not of itself such an invasion as affects property rights notwithstanding the necessity of a defense and the threat of freq

1915Dec. 468 , and Lynn v. Adams (1850), 2 Ind. 143 , under circumstances very similar to those presented by the case at bar, it is held, after an examination and analysis of the decisions, both American and English, that a road supervisor is not personally liable to an individual for damages resulting from his mere neglect to repair a bridge.

1885As said in the case of McDermott v. State, 89 Ind. 187 , “ The instruction should not be thus dissected and separated.