The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-17
THE RECORD OF THE COURTS.
United States District Court.
Hon. w. A. Woods, Judge.
To-day no special calls.
Supreme Court


Supreme Court.
Yesterday the following decisions were rem
dered:
No. 9697. Drucilla McClory VS.. Thomas P An
derson. DeKalb c. G. Affirmed Niblack, j.
III An answer of abatement for misnomer of
the defendant is of very little practical value,
as such mistake. in civil cases. can be readily
corrected, but such answer is bad for failing to
aver thatt the defendant had never been known by
the name given. T. A jury drawn under former
law continues as lawfully selected jury until
superseded by a jury drawn under a new law,
unless its term of service had previously expired.
Is. A jury slgnihed to the bailf that it had
agreeden verdict, who announced the fact to
the court, whereupon the judge told the attor-
neys that he believed one of his instructions to
be wrong and by the consent of both parties
amended the instruction and reread it in the
jury room. Held: that while the practice was
not commendable. there was no available error
No. 1850. Western Union Telegraph Com
pany vs.. Henry Fl. Walker. Benton G. G.. AT
frmed Elliott, J.-When, in an action against
telegraph company for the statutory penalty
for failure to transmit messages, the complaint
employs words that are equivalent in meaning
to those of the statute it is sufficient.
No. 1891 The c., Ell. & |. Railroad Com
pany vs. Daniel w. Butler. Franklin G. G. Re
versed Mitchell, c. J.-(1) 1t is now compe-
tent to incorporate paper or document into a
bill Of exceptions without copying it into the
original bill. That this may be done, the paper
should be described so that the clerk may know
to certainty the particular paper to be inserted
and by designating by the words there insert)
the place where it is to be copied. (2.) The
duty of railroads to give signals on approaching
highways is defined by positive Law, and failure
to observe it is negligence per Sc. g.. 1t is es-
sential for plaintiff in an action for negligence
to show that he was free from fault Contribu-
tory negligence is not matter of defense.
No. 1884. William Stewart, administrator,
vs. T. H. & / Railroad Company. Clay G. G.
Affirmed. Howk, Under Section 284 Re
vised Statutes 1881, an administrator cannot
maintain an action against railroad company
for the death of his intestate unless there is "a
widow, children, or next of kim" l23 Ind 1873. J
Where complaint for such damages fails to
show that there are such benefciaries, the judg-
ment may be arrested, although demurrer had
been overruled to the complaint
No. 1855. John Hancock Mutual Insurance
Company vs.. Clyde Patterson. Marion S. G.
Reversed. Mitchell, G. Patterson owned lot
4, and five feet off the north side of lot s. The
fvefoot strip of land was inclosed in the same
yard, and part of house and outhouses were To-
Gated on the strip Patterson mortgaged lot 4,
and no mention was made in the mortgage of
the fvefoot strip. Held: That foreclosure Of
the mortgage and possession under it carried
with it a continuing usement in the five-foot
strip of land, and right TO permanent posses
sion,
No. 1926 Samuel Hunter VS.. the State.
Warren G. G. Rehearing denied.
No. 1883. Astor C. Clemans VS.. Mariah J..
Line, Whitley c. c. Dismissed.
No. 11075. Henry st. Clair vs. Samuel Nc
Clure, Ripley c. G. Motion to reinstate over
No. 1865. Rachel Atkinson vs. Charles Daily.
Benton G. G. Reinstated.
No 12114 John Holdenan ct al, VS. Daniel
Maurer. Noble c. c. Renstated.
William B. Herod Charlottesville admitted