The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-30
THE RECORD OF THE COURTS.
Supreme Court.
Hon. G. " Howk. Chief-iustice.
1e following opinions were rendered Oct. 2e


Hon. G. Y. Howk. Chef-ustice.
The following opinions were rendered Oct. 20:
RAIL 9oAD-sERvANTs-NEG
11127 Wabash Railway Company vs. Thomas
S. Savage. Whitley c. G. Affirmed. Niblack,
J.-Action for personal njuSes. The com
plant ayerred in effect that the defendant by
its servants and agents, had inflicted the inju-
ries and that was. equivalent to an averment
that the injury was inflicted by the defendant
through its duly authorized agents The princi-
pie that the master is not liable for every act OF
negligence of his servant, but only for such acts
of negligence as are committed while In his serv-
ice and in some way connected with his service
is not decisive of the insuficeney of the COM
plant A brakeman, in the absence of express
orders, has no authority 20 eject a passenger
from train, and it ID true that a railway COM
pany is liable for an injury wantonly inflicted by
brakeman on passenger travelling on train
on which he is acting as brakeman. The evil
dence is reviewed at length and it is concluded
that the verdict cannot be disturbed.
FRAUDULENT OBSERVATION-DISCLOSURES
12759-Letitia Fansote vs. VIM. NJ. Carr ct al.
Steuben G. c. Affirmed Mitchell J.-Where
property is unavailing to creditors and beyond
their reach by reason of its being exempt from
execution. while the title remains in the debtor,
the fact that he makes bona fde sale or gift of
il while in that situation, does not put it more
effectually beyond their reach than it was
Hence creditors sustain no injury, and unless
with actual fraud the law does not denounce it
as fraudulent
OBSERVATION-DISCLOSURES
1874. Carroll McCosland VS.. the Etna Life
Insurance Company. Sullivan G. c. Affirmed.
Elliot IA mistake in the description of land
is a mistake of fact. e. Where a mistake
in the description of mortgaged lands is car
ried into the decree of foreclosure it may be
rected by reforming and Fredericksburg the
mortgage 81 When a party points out
specific parcel of land to another, and represents
that it is described in a particular way. the
party to whom the statement is made has right
to rely upon it. a. The appellee had right to
reform and reforeclose its mortgage. and
promise made upon al agreement not to sue for
= reformation and foreclosure is founded on a
sufficient consideration. Where promise is so
far executed as to deliver a deed under it con-
dtionally it is taken out of the statute of frauds
when the condition is fully performed. for upon
the performance of the condition the deed be-
comes effective and the grantee is entitled to it.
RECoRD-SPECIAL, FINDING.
1866 Mary A. Wynn vs. Christopher c.
Troy. Hancock c. G. Affirmed Howk, Q. j.
Appellants complaint, in stating her supposed
cause of action, alleged that the note in contEo-
versy had been assigned by appellee, HarIiet
Piper, by Endorsement to her co-appellee The
court, in its special finding, failed to find this
fundamental fact The appellant had judgment
for the amount of the note. The evidence is not
appellant has no cause to complain.