The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-12-15

Hon. Byron X. Elliott, Chief justice.
The following opinions were rendered Dec. ID:
ACKNOWLEDGEMENTS
Louisville New Albany g. Chicago Railway Com
Pany vs. Elizabeth Jones. Lawrence 9. c.. Affirmed.
Zollers, J-Action for personal injuries by train
being deraied and thrown down embankment.
The complaint is not specific but from all the aver
ments it may reasonably be said that negligence is
charged with respect to the running of trains the
condition of the curves ties. rails etc. When the
plaintiff made it appear that she passenger upon
car in which she seated left the track. and she
suffered injuries thereby, she had shown state Of
things upon which presumption of negligence arose
force and efficiency of actual proof of the fact and
available for her benefit until negatived and
thrown and such presumption only be oyershrown
by proof that the casualty resulted from inevitable
accident. Witness stated that he had con-
yersation with the engineer of the train
dsraed and he was asked to state the conversation
There error in overruling objection to the
question Where negligence is charged in the
ming of train at high and dangerous rate of speed
witness who saw the train at point one and one
may state the rate OF speed at the point where they
thus observed the speed An instruction that IF the
plaintiff was diseased before the accident, and her
present condition was attributable to such former
diseased condition. and not to her injuries. there
should be verdict for defendant; If you find that
plaintiff was diseased before the accident but her
disease was aggravated by the accident such dam.
the result of the accident should be gyen
is not erroneous.
MARRIED Neutrality-suspicious..
1854. John Juahert ct al. vs.. John w. johnson
ct al. Gibson G. @. Reversed. Mitchell. J.-Tt APP
peared the face of the complaint question that
the mortgage executed by married woman and
that it affected her separate property 1t there
fore essential that it should be made to appear that
the debt which the mortgage given to secure was
contracted by the wife and that it Injured either to
her peasona benefit to the benefit of her estate.
o. When commercial note is taken by merit
gagee from husband he is not concluded from show
ing that the debt contracted by the wife and FOR
her benefit.
LEGAL CAPACITY TO sUE--DEMJRRER.
1929. Board of County Commissioners OF Upton
County Robert @. Kimberlin. Clinton @. G. Re-
versed Howk, IA board of county commission
ers has legal capacity to in its corporate for
any of action in any court of competent juris
diction Legal capacity to has only reference to
some legal disability of the plaintiff such as infancy,
sufficient calls into question the plaintiffs right to
GRAVEL RoAD-BENEFITs.
1878. Edward Osborne ct al VS.. Amos J. Sutton
ct al Howard c. Q. Affirmed. Elliott c. There
is provision in the statute requiring in
gravel road proceedings report at fixed time The
board does not lose jurisdiction of the by failure
to enter order continuing the proceedings when
the assessors had delayed in reporting (2 There is
recital of many of the essential facts and
an order directing the establishment of the
road and appointing a committee to assess
benefits. The order asserts jurisdiction. 3D. Where
in such the landowner is entitled to notice of the
fling of the report of the committee appointed to
benefits he is not entitled to dismissal of the
petition because of the delay in the reporting a.
Objections to the competency of assessors should be
made at the time they were appointed, or within
reasonable time thereafter. (5.) The board may
substitute committeeman in case of vacancy ga
If the road and ditch already established could nos
occupy a right of way the remonstrance should BIO
specific
1920. David Mcconnell ct al. VS. George r.
Huntington. Marion O. O. Rshearing denied.