The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1892-09-16
Negligent About His License.

49, aaof
for SIX months for assault and battery up
on the woman whom he had promised TO
love and protect"
Negligent About His License.
r. w. Harding. of Spencer. was taken be-
fore Commissioner Van Buren, yesterday
on a charge of violating the revenue law.
lie had Jailed to renew his license before
the other expired. He was held on his own
recognizance to answer to the grand jury.
The Court Record.
COURT OPINIONS.
1853. w. c. DePauw Company VS.. Wm.
StuOblefeld. Floyd {. c. Affirmed. Cot
fey, IA master is bound to take ordinary
and reasonable care not to So bject his serv-
ant 10 unreasonable and extraordinary
dangers by sending him To work in danger
Gus buildings or premises. Ii he fails In his
duty in this respect, by reason of which the
servant is injured. such servant has q
right of action against him, provided the
injury occurred without the fault or Deeli-
zenco of the servant. and provided further
that the risk of injury was not voluntarily
assumed by the servant with full knOwl-
edge OF the danger or competent means of
such knowledge. 2. When a state OF facts
and circumstances exists from which one
sensible, impartial man would infer that
proper care had not been used and that
negligence existed, while another man
oAootA 1H'a ~
would inter that proper care had been used
and that there was no negligence, the ques-
ton OF negligence must be referred to the
jury under proper instructions from the
court.
1854. Sylvester A. Clarke VS.. Pennsyi-
wanna Company. Bartholomew Z. G.
Affirmed. Elliott. J.-One who does an act
under an Impulse OF upon a belief created
by n sudden danger attributable to an
Others negligence is not 10 be regarded as
Untlfu nf pnnfrihnrAru fantf AVIAN fhnnnh
the act would be regarded as n negligent
one If performed under circumstances not
indicating sudden peril. 2. A member of a
rang of workmen on q railroad called the
floating gang employed to load ard I'M
load gravel, and the boss of n gang en-
pIoyed to repair the track. known as the
section gang" are fellow-servants.
145C6. Ellen Folbey VS.. Maria jackson ct
al Vigo G. e. R-hearine overruIed.
l526S. l.. +. & W.. Railroad Company VS..
canone s. e.. R~ehearius o~ve.Taled.
1866. Phoebe Wilson Va Thomas Ben
nett ct oil. Hamilton C. c. Rehearing de-
MED.
1915. Indianapolis Chair-manufacturing
Company W. Lucius Il. Swift. Marion 5.
ports the verdict.
COURT OPINIONS.
500. Peter c. Harvey VS.. State. Morgan
T.. c.. Affirmed. Reinhard Use elton
1855, Elliott's Sup. does not repeal Section
l9c4Sh. -. 1851, concerning the obstruction
of highways. q 1t is not enough that n
bill of exceptions sbonld DO presented TO
the Judge, and the fact of such presenta-
ton certified to by him, but it must be
exam. ned and II found correct that fact
also must be attested bv the Official sigma
ture.
51s. George w. Campbell VS.. Preston
Wray. Lawrence C.. {. Affirmed. Crum-
mar ar IN han narflaS adnnfad n man.
ufscturers warranty in selling a machine
they are bound by il to the extent that 1t is
applicable when such warranty provided
that If the machine was to be returned
vendsr. In an action on tho warranty an
offer to return on the part of tho vender
was not necessary.
OH. Kalula u. Cohee VS.. Caroline Baer
OF al. Clinton C.. Z. Transferred. New
1.-The title to real estate rs involved and
jurisdiction is in the Supreme Court.
$50. Henry c. Davis. AdministratO VS..
Augusta Schmidt. Howard &. G.. Re-
versed. Black, J.-Where an estate is sued
and the administrator is a party only in his
representative capacity. he Is not connect
ed with the proceeding in his individual
character and he cannot be held liable in
his representative character for his indi-
vidual tort. 2. When the contract of q mar
ried woman Is void 1t cOuld not lie ratified
by her after the termination of the covert
II III euo Ould " ICndOI HClSCll lluOAo
Hereunder by n new promise made after
she became a femme sole.
6sl. ~Foss-Schneider Brewing Company
VS.. Dean Mclaughlin ct al. Vigo G.. Z.
Affirmed. Fox, THE facts and circum-
stances within the &c of the parties
men TO believe In good faith that they were
dealing with the agent of appellant and it
will be held bound.
SUPERIOR COURT.
Room Hon. Napoleon b. TAYLOR. indy.
John A. Hoffman VS.. Horace r. Allen ct
AL; damages. Dismissed.
John g.. K9rner VS.. Charles E. KGrner;
Injunction. Finding for plaintiff.
FInnen j.. station vs.. Isaac N. Cotton;
note. Judgment for plaintiff tor 1897. 30.
Cephas =. Rogers et al. VS.. Louis Burg
helm; on account. Dismissed.
Room Hon m w. Harper. Judge.
Minnie Jordon VS.. Ebert Jordon; divorce.
Dismissed at plaintiffs cost.
Charles II. II. Rentsch VS.. Fred Lukens
ct al. Cause dismissed at plaintiffs cost.
Lee Kahn VS.. l.. ID. q w. Railroad Com
pany CT al. Cause dismissed at defendants
cost.
Mary Z. Bingham VS.. John w. Bingham:
divorce. Stricken from the docket.
Winfield :. Smith VS.. Sadie Smith; d.
yorce. Dismissed for failure to prosecute.
Lew Ritter VS.. Cincinnati, Hamilton &
indianapolis Railroad Company; to quiet
title. Dismissed by agreement, at de-
Perciyal A. Salisbury ct al. va. Catharian
Roll ct al. Dismissed by agreement at
plaintiffs costs.
Henry Meyer vs. Christian Hug. Dis.
missed by plaintiff at plaintiffs costs.
Rolly -. Parsley VS.. Martha Parsley; di-
vorce. Dismissed by plaintiff at plaintiffs
costs.
John w. Schmidt ct al. VS. John N.
Koeniger; suit on note. Judgment for
plaintiff for S1.262.63.
Eugene L.. Carter VS.. John M. Buckley eft
al. Cause dismissed at defendant s costs.
Bluegrass Cordage Company vs. H.. Il.
Condo Implement Company. Cause dis
missed by agreement. Costs paid.
Geo. p Bissell. Trustee. VS.. Indianapolis
Driving Club. Dismissed for failure to
prosecute.
John Wanamaker ct al. VS. Chas. G..
Ludwig at oil. Cause dismissed for failure
To prosecute.
julius &. Karnatz vs.. Nellie s. Karnatz;
divorce. Dismissed for failure to prose
cute.
Mcclellan Green VS.. Sarah p. Green; di.
voree. Dismissed for failure to prosecute.
Carl HUFF vs.. Charlotte HUFF: divorce.
Dismissed by plaintiff at plaintiffs cost.
Room s-Hon. Lewis c. Walker. judge.
Christopher Goeder VS.. William Richter
account. Dismissed at plaintiffs costs.
William a. Hbondes VS.. John Edwards ct
al: mechanics lien. Dismissed at dsfen.
dant's costs.
Charles w. Fertig VS.. Elizabeth Myers et
al.: note. Jury returned verdict for de.
fendant.
Ne,c Sutfs Ftiea.
James IT. johnson VS.. Joseph Miller eli
al: mechanics lien. Room 3.
John Staum VS.. Zachariah Oren ct al;
mechanics lien. Room 2.
Joseph NJ. Hiehtshue We. Hortenz +. Web
ster ct al; mechanics lien. Room !.