The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-04-14
The Court Record.
APPELLATE COURT OPINIONS.


49, c., w. X NJ. Railway Company VS..
Andrew Stanley. Madison {. c.. Re-
versed. Reinhard. IA cOmplai mt before
q Justice which fails to aver that the kill
ing of the stock was the result of the de-
fendant's negligence is not good as CON-
motion in arrest of Judgment.
S15. Amos E. Hartman VS.. C.. l.. St L.
& c. Railway Company. Bartholomew G.
c. Reversed. Robinson. when a de-
murrer to u com plant has been overruled
and demurrer to the plaintiffs evidence
has been filed. in considering the demurrer
TO the evidence detects in the pleadings
cannot he taken into consideration. but by
demurring TO the evidence objections to the
pleadinRs are not thereby waived, but the
demurrer does waive all objections to the
admissibilitv of the evidence.
40. Charles Sumner vs.. State. han
cock c. c. Affirmed Crumpacker. j.
When a minor purchases beer and gives it
to an adult. the saloon -keeper IS guilty I'M
der the statute of unlawful sale of lntOXi-
eating liqnor to q minor.
AS Lake Erie IL Western Railroad Com
pany Vs. Alfred C.. Mayo. Delaware c. G..
may discriminate in Its rates of fare in
favor of persons who purchase tickets be-
foro entering the cars. but if a passenger is
unable. because of the fault of the cOmpa-
ny, to procure q ticket, he will be entitled
to be carried at the ticket rate He may
pay under protest the excess demanded.
and afterwards recover it back, but be Is
not Obliged to do so, and if. insisting upon
his right to be carried at the ticket rate, he
be expelled. the company will be liable for
its refusal to carry him. 2. When passen-
ger, upon payment of money, expressed
an intention of travelling to a certain sta
ton. which the conductor would not
agree TO, and demanded extra fare,
which the passeng ger refu sed to pay. and he
was thereuDon expelled Srom the tram. the
retention by the conductor of the pay
mcnt would not give the passenger the
right to travel to such station when such
payment did not pay the fare that distance.
6l2. +. 81 L. II. Railroad Company VS..
James X. Kendall Parke G. c. Affirmed.
Now. J.-Although the bill of exceptions
concludes with the words this was all the
affirmatively appears from the bill that it
does not contain all the evidence given.
this court will not consider and decide
any question which depends upon the evil
dence for it's proper solution.
Clipp Lawrence c. G. Motion to dismiss
and submission set aside under Rules II
and 35.
SUPERIOR COURT.
Room Hon. Napoleon b. TAYLOR Jut.,
Della A. Dupree VS.. Geo. L. w. Mack;
damages. On trial by Jury.
VIM. II. Talbot VS.. Caleb X. johnson.
Judgment for plaintiff for $3.50.
Room 2-Hon. =. w. Harper. Judge.
James Naughton We. Chester p. Spain ct
al; complaint to forec;ose mortgage. Tried
by court; finding for plaintiff.
NeiC Stats Fiied.
Horace +. Smith VS.. Lewis Alt and Laura
Keckman; to forclose a mortaage. No. 2.
William Ii. Talbot VS.. Caleb r. J Johnson;
on account. Demand. $3.50. No. l.
Docket Notes.
Mrs. George Sortwell and Esther Simon
were given a hearing before Squire Ha-
bich yesterday for plucking flowers from
Albert Smiths front yard on South illinois
street.
Some questions In a controversy arising
out of the construction of the will of John
b. Mazelip. deceased. have. by agreement,
been set down for hearing before Hon. Z.
w. Bartholomew as special judge.
Squire Habich fined Della Bell IS cents
and costs for provoking Pcarlie Williams.
1t may be added that the costs were 5000
NV ,rh raraila rho of he W N