The Indianapolis journal., 1886-04-15
THE RECOgD OF THE COURTS.
United States District Court.
hon. w. A. Woods. Judge.
To-day-No special call 49,
Supreme Court.

Supreme Court
Hon. w. L. Niblack. Chef-justice.
The following decisions were rendered April
IA:
1885 Hannah Langley VS.. Sarah Mayhem ct
al. Allen G. G. Affirmed Niblack, c. IA
widow may elect to take personal property un-
der her husbands will ard If she so takes under
a provision inconsistent to the statutory provis-
ion, Section 1868, any claims by her under the
latter provision will be deemed relinqushed by
such election. The cases upon this doctrine are
to be limited
l224O. Joshua A. Cook ct al VS.. Town of
Port FElton ct al Clark G. G. Affirmed.
Mitchell, Personal property Of the character
OF tow-boats, shanty-boats, sailing vessels, with
necessary appendages, employed in steering and
caring for, barges and fats, is to be listed for
taxation as reviewed by Section $685. at the
domicile of the owner; and where the owners
two of whom resided In town, listed the prop
erty with the assessor of the township, the town
authorities may place the tax on their duplicate
and enforce its collection.
1868. Christina Krearner VS.. State. Clark
c. c. Reversed. Howk. I'LL An indictment
charging the sale of Intoxicating. vinous and
malt liquors to minor is not bad for dupcity.
[Sec. 2094 r. g., 100 Ind, 1884,, ca Where the
evidence shows that the defendant made the sale,
after exercising proper caution, with the honest
and reasonable belief that the customer was Of
lawful age. new trial should be granted.
l2O64 l., P. g. G. Railway Company vs..
Joseph IL. FltZ0T. HOWARD u. ". reversed.
Elliott, J.-Action for damages. The facts
briefly, are, that the son of the ap-
pellee, aged seven years, wandered to
the depot of appellant ip the city of Kokomo,
and got on one of its trains which stopped there
The child was carried to Jackson's Station. The
conductor put the child off at that station with
out leaving him in charge of any person, or Civ
ing any instructions concerning him. The child
wandered on on the appellants track to a point
crossed by highway, where he was killed
by freight train. Although he was at
place where he could be seen thrae-
fourths of a mile, no signals were given
and the train was run up an ascending grade on
to the child without any effort to stop. 1.I The
mere fact that the child was permitted to enter
the passenger train creates no cause OF action
against the appellant for he entered the train as
an intruder. e. The conductor was bound to
use much greater care in dealing with the child
of seven years than he would have been re-
quired to exercise respecting an older person.
The care exercised was not the care that it was
his duty to exercise. Coupled with the wrong of
the freight train, these facts combined make a
case of negligence against appellant, and exclude
contributory negligence on the part of the child.
(3) An instruction submitting the pecuniary
condition of the plaintiff, and his inability to
employ servants, to the jury was error. [l05
Ind, 1928
REHERiNGS DENIED.
1882. John B. Conner VS.. Citizens Street
Railway Company. Marion S. G.
1230O. Elias House vs. Andrew NJ Alexander.
Decatur G. G..
l2OOl. Anthony Sumer VS.. Nasman T. Miller.
Wells g. G.