The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-09-25
THE RECORD OF THE COURTS.
United States District Court.
hon. w. A. Woods, Judge.
To-day-No special calls.
Supreme Court.

supreme Court
The following decisions were rendered Sept. "a
No 10558-Stephen Burk VS.. Barney Simon
son. Dearborn c. c. Reversed Elliott, j.
Appellant and appellee are adjoining iand-own
ers In 1888 the Whitewater Canal Company
acquired right of way for the construction of
a canal through these lands. To protect the
lands from overflow the company constructed
lock- which obviated injury to the lands In
1866 the canal was abandoned. The lock and
embankment are necessary to prevent the food
ing of appellants land. and he is resisting ap-
pellee, who. without right, is tearing them away.
Held: AS the long acquiescence in a change made
in 1888 precludes a restoration of the stream
and its surroundings to their original condition,
and as when land is acquired for public pur-
pose, canal railroad, or the like. direct bene
fits to the owner from its construction are
deemed part of the consideration paid by the
corporation acquiring the right to construct the
public work. appellant is entitled to injunctive
relief.
No. 1887 Aaron Rosenfeld vs. Peoria, De-
catur e. Evansville Railroad Company Van
derburg G.. G. Reversed Zollarse J.-Action
to recover for barrel of whisky. valued at $685.
which appellee undertook to carry, but failed to
deliver. Its bill of fading stipulated. in print
that in case of loss or damage the value at the
point of shipment shall govern the settlement
illegibly written on the bill was IL. & o. Ex
$40 r. r. Val, which the witnesses said meant
Leaks and outs excepted, $40 railroad valua-
tion' Carriers may, by fixing value, limit
shown that the shipper had knowledge of such
fixing of value. and for a valuable consideration
consented thereto, that his statements or
conduct justified the carrier in so fixing it. The
evidence does not show that appellant was a
party to the written stipulation, and IL does not
| overthrow the printed one
No. 12ll6 Jonathan Mills ct al vs. Michael
| Rosenbaum ct al. Posey G. G. Affirmed.
Mitchell, G. J.-Appellants executed a promis-
| sorry note for 1925. which the appellees as as
orr x<phf
swered that the note was given for the price of
horse; that warranty accompanied the sale
that the horse was sound; that at the time of the
sale the horse was unsOund; that this was known
to the seller and not to the buyers that for this
disease he was worth 500 less than the purchase
price. In a suit verdict was rendered for
| $4IO4 for plaintiff on the note, and judgment
for that amount and COSTS It is insisted that
| under Section 591 costs should have been taxed
to plaintiffs. Held: That the facts showed a
counter claim" and that the costs were proper
| ly taxed to defendants.
No. 12430 John Z. Woodward VS.. The State.
Marion Grim. c. Affirmed. Howk, J.-(l.) In
an indictment charging that the defendant, as
the agent of one Miller, for the purpose of col
lecting money lottery ticket did feloniouslv
embezzle the money with intent to defraud, etc,
is not bad for failing to give description of the
lottery ticket. (2.) The fact that the money
collected was derived from an illegal source af-
fords no defense.
1883. Frederick A Riehl ct al vs.. Evans
vile Assn Vanderburg 9. c. Rehearing
granted
1l44s Kate H. Rootvs Harriet Barnett ct al
Pulaski G. c. Dismissed.
1881 Elmira Monnett VS.. Preston S. Hemp
hill ct al Jasper c. C. Motion to dismiss over
ruled
12047 Sarah Kits ct al vs. VIM D. Wilson
ct al Ripley c. G. Certiorari issued.
Charles 5. Wiltse and Frederick w. Clark
indianapolis admitted to practice.