The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-28
The Court Record.
SUPREME COURT DECISIONS.
Hon. j. a. Mitchell. Chief-justice.

Hon. J. a. Mitchell. Chef-iustice.
1885. o. & NJ r. r. Co vs. jeremiah Walker.
Jennings G. c. Reversed. Elliott il A per-
person who walks upon q public crossing upon
a railroad track laid along a street is a tres
passer 2 complaint for damages for per-
sonal juries which expressly alleges that the
injury caused solely by the defendants
negligence, and without fault on the part of the
plaintiff, and the force of these general
ments is not broken by the specific facts pleaded,
is sufficient Objections to evidence TO be OF
any avail must be reasonably specific 4. In
suit for injuries caused by train the rail-
road track at its intersection with the highway,
the railroad company has the right to have the
jury instructed that it's employees might pre-
sumo that the plaintiff would use proper pre-
caution and leave the track, unless there is evil
dence taking the case out of the general rule
13949 Justice g. Crowel ct al VS.. James B.
Section 1885, Revised Statues 1881, was not re-
pealed or superseded by the act of 1885. That
section is only SO far modified to require that
laws for street assessments against unplatted
lands shall be enforced by proceedings in the
Circuit Court instead of by the issuance of a
precept to the city treasurer In all other
covers the entire subject matter in the main
body of Section 3163, and impliedlv repeals the
main body of that section. The question as to
whether the provlsos OF Section 3163 were
pealed is not decided.
1906 The Board of Commissioners VS.. State
ex rel. Stephenson, ct al Hamilton G. c. Re-
versed collars, IA board of County Com
missoners is not bound to rebuild a bridge
which was carried away by food, when such a
bridge was not essential to the existence
of the highway upon which it situated, and
which, when rebuilt. would not be of public
utility. and when the building of which would
greatly embarass the county and prevent and de-
lay the building of bridges at other points where
bridges were much more needed. court will
not by mandate compel such board to rebuild
under such circumstances.
1892. Benjamin f. Riggs Delilah H.
Riley Henry G. c. Reversed. Howk. j.
When owner and those claiming under him
continuously and uninterruptedly occupied a
trim nt nd n tn fanp rlair piro
to be the owners thereof, holding actual, open
and adverse possession of such strip of land for
more than twenty years, such holding confers
an absolute title in fee to such land upon such
party. The fact that such party, after such
continuous possession OF twenty years, SUBJ
mitted to a survey, and paid rent for such strip
for two years, would not defeat his title.
1908. Midland Railway Company VS.. Samuel
L. Smith. Hamilton G. c. Reversed. Mitchell,
@. IA railroad company which enters upon
the lands of another for the purpose of
structing its road without making CONDENSATION
to the owner may be enioined 2. Where a
railroad company entered upon land with the
consent and by the license of the owner and ex-
pended money in the construction of its road
upon the strength of such license and consent
the claim of such company until its rights were
sold to a purchaser without notice, equity will
not il terfere to prevent such companys success
sor from using such right OF way.
SUPERIOR COURT.
Room l-Hon. N. b. Taylor. Judge
James Orr ct al. Henry D. Striuger dam
ages. On trial by jury.
Room 2-Hon. ID. w. Howe, Judge
Thomas Duncan ct al. VS. Hauch Hetcham e.
Co; suit for wages. Jury find for defendant for
$85.
Henry Steck Henry Lackenhaff; damages.
On trial by jury.
Room a-Hon Lewis q. Walker, Judge.
Henry SEVERN 6 Co. Samuel H. Hogshire
ct al. account Judgment for Hogshire for
$72S.21
NEW SUITS FILED.
Andrew z. Hoover Elizabeth Hoover ct
al; complaint to have title quieted.
The Erie City Iron Works al. We. the In
dianapolis Manufacturing and Supply Company;
COMPLAINT account Demand, $500.
William j. Marquis VS.. Leolia o. MARQUIS
complaint for divorce. Allegation cruel treat
ment and abandonment
William Valherding Charles Bauer; COM
plant account Demand, $l05
Edward Gookins Oolitic Quarry Company.
Appealed from Waipole justice of the peace.
Deedrich Mussmann VS.. Caroline Hildebrand.
Appealed from Walpole, justice of the peace.
James p. Tomson ct al. Charles E. Taft
complaint account. Demand, $50.
Walter Dunning Isaac Randolph and jay
G.. Voss: complaint to have reaestate sale set
aside and for appointment of receiver
CRIMINAL COURT.
hon. VIM A. IrvIn Judge.
State VS.. George ". Smith; incest. Trial by
court Acquitted
State Edward Jones; trespass. Trial by
court Under advisement.
State VS.. Peter Larkin. Information filed by
Lawrence p Beieer.