The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-23
The Court Record.
APPELLATE COURT OPINIONS


e92. O. & M. X. r. Co. VS.. Matilda Hill.
Administrators. Clark G.. G. Affirmed.
Davis, 1.-THE court cannot, In this case,
say as n matter of law on the facts, that
plaintiff was guilty of contributory negii-
gence
III. Emma Storms VS.. Sarah G. Lemon.
Vanderburg G. T.. Affirmed. GAVIN. @. j.
One rendering service in nursing and at
tending upon the sickness or another Is
competent to testify as to its value. The
opinion of an ordinary witness as TO such
value was also competent.
925 Town of Nappanee VS.. Sarah Ruck-
van. Elkhart G. q. Affirmed. Reinhard.
J.-If the injured party is himself tree
from fault the negligent defendant will be
liable, although the negligence of some
third party may have contributed to the
injury. 2. An instruction that If the jury
find for the plaintiff she would be entitled
to compensation for mental and physical
suffering. loss of time and expenses she
would incur in the future as well as for
those already incurred. Is good.
S67. Board, etc, We. Lizzie Costeller.
johnson G. c. Rehearing denied. Lot8.
J.-One is not required TO refrain from
travelling on public highway merely be-
cause he knows 1T TO be dangerous. He
must exercise prudence in proportion to the
danger and whether he did or not. is q
question Of fact. 2. 4 married woman, If
she spends money or incurs liability for
medical treatment of injuries caused by de-
PENDANT, abe MY recover therefor.
776. John c. Davis ct al. VS.. Marion w.
Elliott ct al. Elkhart L. Z. Affirmed.
under an executory contract for it's pur-
chase persons performing labor and fur
nishing materials for him to make improve
ments thereon cannot subject the building
and land to lien therefor freed from the
claims of the vendor under q forfeiture OF
tho title bond.
1907. Ellen j. Studebaker ct al. va. Ma
linda Markley. Wells Z. G. Dismissed.
Lotz J.-Wbere Judgment Is rendered In
O proceeding under Sec. 2545, L. s.. that
alleged. the proceeding Is at an end, and no
appeal is allowed.
sos. Thomas A. Wheeler VS.; Samuel F.
Barr ct al. Whitley q. c. Re-
a consideration to the principal
of a note. none as to the surety is necessa-
~ to bind him. 9. The makers are
topped TO deny the payee as the real party
in interest.
655 Indiana Farmers Live Stock Insur-
ance Company vs.. Fletcher ID. Randell.
Administrator. Owen &. G. Affirmed.
Davis, J.-ID an action on an insurance
policy, when the company alleges breaches
of warrants to avoid liability, the burden
is on it to show that the answers consti-
tuting the alleged warrantees were untrue.
g When an application for insurance is
made on part of the policy. they must be
construed together. and when the Ian
&c
deriug IL doubtful whether statements IN
the application are mere representations
or warrantees, rendering the policy void,
she construction will be against the work
ing of forfeiture.
sos c.. l.. st. L. & c. Railway Company
VS.. William Graves il. Boone c. G.. AZ
firmed. Ross, IA person who has been o
jud re at the trial OF o cause has no power
to sign q bill OF exceptions and make the
same part of the record In the cause. after
he ceased to be @ Judge. 2. The sustaining
of a notion of q plaintiff for judgment upon
lnterrogatories does not bar the right of
the defendant to apply for now trial. and
by the filing of the motion for new trial
the defendant does not waive right to an
exception on the motion TO render judy
ment In favor of the plaintiff. ). In ap-
preaching highway crossing without
ringing the bell OF blowing the whistle. as
required by statute. O railroad company Is
liable to q traveller on the highway injured
in a collision without his fault.
705. L., n. A. * e. Railway Company VS..
Thomas III. Davis. Floyd G. &. Rehearing
denied.
SUPERIOR COURT.
Room 1-James NJ. Winters Judge Pro Tenn
Ida NJ. Loeper VS.. Mary l. Denke- w alter
ct al. to quiet title. On trial by Jury.
Alexander Wood VS.. Citizens Street.
railway Company; damages. Jury re-
turned verdict for plaintiff for $500.
Robert Martindaie VS. Henry c. Williams
ct al: foreclosure. Finding for plaintiff
and decree OF foreclosure.
Clara B. Addioks VS.. Margaret Conover eft
OIL; partition. Finding and decree for
plaintiff of partition. X. w. Lamb APP
pointed commissioner TO sell.
Lee s. Nicholson vs. Fannie II. Murphy;
foreclosure. Dismissed and costs paid.
Boanohe V. Davy Va. Ira J. Davy; divorce.