Union Traction Co. v. Wolf

127 N.E. 564, 73 Ind. App. 392, 1920 Ind. App. LEXIS 132

Opinion

Nichols, J.

Appellee has failed to file any brief. 'It has been repeatedly held by this court and by the Supreme Court that a failure on the part of the appellee to file a brief may be treated as a confession of error, warranting reversal. Eigelsbach v. Kanne (1915), 184 Ind. 62, 110 N. E. 549; Huddleston v. Huddleston (1916), 184 Ind. 168, 110 N. E. 980; Veit v. Windhorst (1916), 184 Ind. 351, 110 N. E. 666. Having examined appellant’s brief, we are satisfied that in this case the rule should be invoked.

Judgment reversed, with instruction to the trial court to grant a new trial.