The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-03-06
THE COURT RECORD.
superior Court-General Term,

superior COurC-Ueneral lerun.
John E; Sullivan VS.. David M. Adams. AT
Edward O. Brundage vs. Abner R. Hyde AT
William IT, Holland VS. c., c., C. & T. Railway
Company. Affirmed. Taylor, j.
Thomas E. johnson VS.. Thomas J. Breedlove
ct al. Affirmed Taylor, j. Appealed.
Joseph W. @. Stewart P, C, d. 81. L. Rail-
way Company. Howe. j. Appeal urged.
J. L. Garrigus VS.. Samuel l.. Morrow. Affirmed
John W. vansyoc ct al VS.. Abraham Bowen,
Affirmed Walker, ].
Honora Leary VS.. Benjamin F. Owens. Al
firmed. Walker, j. Appealed.
Alexander B. Conduit ct al. vs. William s..
Brandoze; Affirmed Taylor,.J
Matte j. Ryan ct al. vs. Indianapolis Savings
Bank ct al. Affirmed. Taylor, ].
Francis Robnius vs. st. Bonffacias Benevolent
Society. Affirmed. Taylor, j.
James A Nelson VS.. Thomas BROKER. AT
firmed. Taylor, ].
William Wallace, administrator, VS. Franklin
Life Insurance Company. Affirmed per curiam.
Fred W. Kassebaum VS.. William H English
Petition for rehearing overruled per curiam.
Kate Honacker VS. William II. English. Dis
missed by agreement.
Henry Il. Cook VS.. E. Delevan Woodruff. Ap-
peal granted
Joseph W. Stewart VS.. Pennsylvania Company
Abstract of opinion of Howe, dissenting:
a mere license is not equivalent to an invita-
render the owner liable for Injuries caused there.
by. Cooley. Torts, 606) But other wise, if there
be an invitation, whether it be express or i'm
Oh
Cooley, TOrts, Cos; 10 Allen, 1853; c. B. H., s..
$500
When a defective complaint is held to be aided
by the answer. Il Chitty Plead, 16 Am. ed, 703;
sc Ind, 494l
Merry NJ Eaton We. Cincinnati, Hamilton a. In
dian8polis Railroad Company.
A conductor of railroad train, negl;gently
but without any malice, carried passenger
beyond the station to which she had taken pas
sage. She was going TO the house of relative
some miles distant from said station. To get
there she was compelled TO walk a dusty
road upon hot night. In her journey she fell
into a stream OF water, and was chased by dogs,
and in consequence of fright and fatigue was
made sick Held-that damages for being SO
made sick were too remote and could not be re-
covered q. r. 10, o. B. Ill; s. c. IL; Eng Rep.
lS1; Col, 344, S. C. 81 Am. Rep. 49, 26 Alb.
Law Journ. 164. See, contra, is Rep 542; Ia
damages. az Cent. Law Journ., 534; i'd, 583;
% Alb. Law Journ.. 344; L. r. 2 @. p. Div. 500,
s. c. 81 Eng. Rep. 1919
"a contracted to sell certain real estate to B.
intended to sell such real estate and no more. as
B knew. The description nsed covered other
real estate; did not know this, but b
did. Held: That A was entitled TO have such
deed reformed u Parsons Contracts, ed:
800; Lead. Cas-. in Eq, Am. ed, 991, 9S2;
A N Y, $3.50
Adam scott ct al. VS.. indianapolis & Vim
cennes Railroad Company.
A railroad company, without leave and with
out taking the statutory steps to condemn a
right OF way, located it's road along a public
for damages and got Judgment. After that they
brought q second action. Held: That the judg-
ment in the first action was no bar to the sec
ond. q Waterman Trespass, 244 sec. S31; Sd
ina, 314.) In such action the plaintiffs en-
titled to recover for any wrongful act whereby
the availability of their property for valuable
uses is diminished, whether their property was
at the time devoted TO such uses or not. l9S U.
s., 403; Mills En-. Dom; sec. 173, Cooley Const.
Lim., Sd ed, 1857; I25 Mass, 544; lit i'd, 302;
10 Mimi, 2S3; 80 N. j. Law, Isl, dIsapprOved.)
But In such action evidence that plaintiff had
been prevented by the location OF defendants
road from putting mp houses which they had in
tended TO put up for rent is Incompetent. al
Mass, S02.j
SPECIAL TERM.
Room No I-Hon. Napoleon b. Taylor, Judge.
Florea MeI,anghlin Va. John Fl. Mclaughlin;
divorce. Dismissed by plaintiff.
Samantha Lewis Es,l JohniH. Lewis Divorce
granted plaintiff.
Edward Swing VS.. Eta Swing: divorce. Dis
missed.