The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-03-24
The Court Record.
SUPREME COURT DECISIONS.

Hon j A. s. Mitchell. ehief-justice.
L 1891 L., N. A. & c. Railway Company VS..
lars. J.-Action by a brakeman against a rail-
read company for personal injuries. Appellee
main tanned overhead bridge upon highway
crossing its track From the the top of the rails
20 the bridge ii was fifteen fact. The box
fraight cars were eleven feet high The only
way appellee could pass under the bridge Ia
safety was to sit down or stoop, and he could do
this and apply the brakes. There were no dan
ger signals. Appellant knew of the dangerous
place. Although appellee had passed under the
bridge several times. he had no knowledge and
was not notified of Its dangerous character.
The night on which he was injured was rainy
and foggy. aud the train passed under the bridge
wien the engineer signaled for brakes, and the
train backed up towards a station north OF the
bridge. Tho appellee could not have seen the
bridge had he looked, but he had his face in the
opposite direction. He was struck in the back
OF the head. Suit above. Held, that the
c5mpany had not used reasonable care IN pro-
viding for the safety of the brakeman The fact
that other railways had bridges too<low for
brakemen standing walking upon ordinary
+ cars was not competent evidence.
14173 State ex rel. James W. Crooks. auditor,
VS.. VIM Kennest st al. Hamilton G. @. Az
zfrmed. Mitchell C. J.-When a husband and
wife executed mortgage on their property held
by entirety to secure debt it is void and when
upon conveyance with warranty they'executed q
mortgage to the purchaser upon other real estate
held by entirety injemnifying him against the
/ first mortgage. in suit to forsclose the first
mortgage the wife may be properly adm tilted as
/ fend4 her covenants.
1910. Martin L. Belts vs. Tunis G.. Quick, ad-
ministrator. Bartholomew G. G. Reversed Howk
jim complaint for rent it is unnecessary to
show that the plaintiff was the owner Of the real
estate on which he eeks to collect the rent or
) is otherwise entitled to the rents and profits
thereof, that the relation of landlord and
tenant existed between the plaintiff and defend
ant. When the complaint charges q present,
existing due and unpaid Indebtedness in cer-
tain sum for the rent of certain land during GER
tain SDecIfad il ia sufficient,
1916 VIM NJ. Broden James S. McNutt,
trustee. Clinton G. @. Affirmed. Elliott, j.
1t is the policy of the school laws TO leave the
question of the location of school houses with
the. school authorities. There is no abuse of
that discretion shown in this case
1919 Henry Frolich VS.. Sarah A: Moore ct.
al HancookrC G. Cause reinstated.
14ls4, .Abner a. Bowen John O. Brecken-
bAugh ct az. -Tippecaroe c. G. Appeal granted.
% SUPERIOR COURT.
70 Boom lion. N. B. Taylor. Judge
Harry E. Cray Della F. Cray. Divorce
granted on ground OF adultery.
Ida Chapman Us. Franklin Chapman. Divorce
granted on ground of failure to provide.
Nan M. Wilson vs.. Emery Wilson; for sup
Fred l.. Mcttahau A. j. Poole; recover
letters patents. Motion for new trial overruled,
and Judgment on verdict
Room 2-Hon. d. w. Howe. Judge
Katie Bodenkecker vs. Arthur Whitesel ct al;
damages. Jury find for plaintiff for $780,
Ida j. Black Louisa Kelpin ct al. dam
ages. On trial by jury.
City of Indianapolis VS.. Joseph Danna. Dis
missed for failure to file bond.
Elizabeth @. Phillips VS.. James j. Shanks ct
al. Plaintiff dismisses at her costs.
Room 3-Hon. Lewis G. Walker, Judge
Theodore A. Wagner VS.. the Board of County
Commissioners; account. On trial by jury.
NEW SUITS FILED
George B. Landes vs. Eugene Barnan ct al;
complaint on account. Demand, $3.50.
CRIMINAL COURT.
Hon William irwin. Judge
States John Hjrhstreet forcerv PLEADED