The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-04-05
THE COURT RECORD.
Supreme Court-April 4.

FENClNG IKAChS
111G3. L., n A. G Railway Company VS..
James Hurst. Warren, G. c.
Hammond, J.-Action for the value of colt
killed ON appellants track where the same was not
securely fenced The evidence shows that the colt
entered upon the track and killed either at point
on the railroad where public highway crossed it
where the highway along the side Of and so near
to it, that the railroad could not be fenced at that
point without obstructing the highway. 1t is well
settled that railroad company is not required to
fence its road under such circumstances. (56 Ind,
1885, II i'd, 1881 The evidence does not sustain
the verdict Judgment reversed.
MISUNDERSTANDING FOR sTocR KILLED.
1929. L. f. & w Railroad Company vs. John G.
kneadle. Benton, G. G.
Elliott i'm an action for stock killed on rail
road it is not material whether the place where the
stock was killed was or not one which the com.
inquiry being whether the stock entered at
a place where it was the statutory duty
3D. 'nf & 10 io So d d 94 the inference
from the evidence in this is that the plaintiffs
entered the track at point where it would have
interfered with the business of the company in hand
ling or in receiving and dischargng freight,
else at place where it would have endangered the
lives of persons in its employ have placed cattle
guards. Comp anies not bound to fence at such
places. $50 Ind. $685. 81 Am. r. 3S5; 2 Ind L.
Mag, 270.) new trial should have been awarded.
Judgment reversed
QUAsHING INFoRMATIoN-APPEAL.
1897. The State Vs. William r. Allen. Wells
Niblack J.-Prosecution for selling deadly weapon
to minor. The record shows that the motion to
quash the information was sustained, and that the
State excepted to this ruling but there formal
judgment rendered. Section 1882 r. s., provides
that appeal may be taken upon a iudg-
ment for the defendant on quashing or set
ting aside an indictment or information.
While the Judgment in this case was not
strictly formal in all respects, it substantially suf
cient to put end to all further proceedings upon
the information, and consequently judgmentfor
the appellee quashing the information, within the
meaning of said section, from which an appeal will
lie. No defect is shown in the information which ap-
pears to be sufficient The motion to quash should
have been overruled. Judgment reversed.
GUARDIAN AND wARD-sEDUcTIoN-L1AB
114O9. Clara E. Brattain VS.. Calvin r. Canady.
Hamilton G. C.
Black, C-Appeent alleged in her complaint that
when fifteen years age being an orphan and ignor-
and feeble in mind as to be unable to discriminate
between right and wrong, the appellee, who her
he took indecent liberties with her person, in such
manner excite her passions, and at the same time
informed her that it was not improper for her to per
nit his caresses and that the act of sexual inter
course would not iniure her well knowing
her ignorance OF such matters and that he negligent
y suffered and permitted his minor of about her
age, to sleep with and have sexual intercourse
with her, whereby she rendered pregnant etc.
The case is peculiar one. The Improper and indie
cent of the defendant which the plaintiff permit
ted could not render him liable for assault and bat
terry, and his failure to prevent his from having
sexual intercourse with her could not of itself render
him liable But as her guardian ne bound to pro
mote her moral intellectual and physical welfare.
BY his conduct he corrupted her and prepared her to
be easy victim of the lust of his and of her
passions which he had excited Having done this he
bound, while she remained under his control,
protect her from the legitimate consequences of his
acts and the surroundings in which he kept ner The
complaint sufficiently connects her injury with his
breach of duty to make him liable for damages The
demurrer to the complaint should have been overrued,
Judgment reversed
PRACTIoE-oBJEoTIoN TO EVIDENCE.
10951. Argalus Bush VS.. Samuel j. Banta. Boone
&C
Hammond, J.-Where the record fails to show that
any objection or exception was taken to tho intro.