The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-04-26
h Court Record.

SO0hh
1929. City of Columbus va. Matte
Strassner. Decatur &. G. Reversed. Cof-
fey. q. J.-When there is q controversy as
to whether or not plaintiff had employed q
skillful physician 1t was error for the court
to instruct the jury; If the physician was in
regular practice the presumption was that
he Was reasonably sklllful. and that
plaintiff followed his directions.
15sU9. James b. Glow ct al. VS.. John s.
Brown ct al. Montgomery c. c. Reversed.
Hackney, 1.-THE manufacturing and min
ing associations act is the only one under
which companies operating water works
can incorporate. 2. Suit against directors
OF an insolvent water-works company, per-
sonally. for failure to collect the subscribed
stock of the company. 1t was proper to
inquire of the secretary Of the company if
the parties contracted with in writing
to construct the system, and to- receive
therefor q large amount of stock. had paid
for the stock, and it was error TO exclude
1874. David E. Simons ct al. VS.. NJ. w.
Simons, Trustee. Allen c. G.. Dismissed.
1889. Gust Anderson Va. Lake Shore q
Michigan Railway Company. Lake O. G.
Petition to reinstete oyerruled.
APPELLATE OPINIONS.
$40. c.. c.. C. & st. l.. Railway Com
pany VS.. William c. Johnson. Knox. c. c.
Affirmed. Ross. J.-When the facts found
are only such as to preclude a recovery
upon another branch of the case. il will be
presumed that the jury based their verdict
upon the branch upon which no facts were
found inconsistent with such general
verdict. -
sss. Robert s.. Robertson VS.. Elizabeth
Monroe. Allen s. G. Affirmed. Gaven. j.
An instruction that IL Was the duty OF the
Jury TO decide which of the material facts
are proved, n TO decide according to the
~preponderance of the evidence In connec-
ton with instructions going into details,
and instructing as to what were material
was no error in instructing the jury TO take
into consideration the Der of witnesses
upon any one proposition. their circum-
stances. their opportunity for knowing and
seeing things about which they testify.
SIG. Samuel Hamilton VS.. City of Shelby
Vile. Shelby G. G. Affirmed. Lott, j.
A city cannot bind Itself to furnish drain.
age for tho lands OF q private person for
the future.
COURT.
Boom s-Pliny w. Bartholomew. Judge.
Emil NJ. Mayer VS.. jeremiah OLeary; 40
count. Judgment for S26O.
Mary Findlsy ct al. VS.. Thomas Mays ct
al; habeas corpus. Continued until Mon
day.
Josephine Grubbs VS.. Harry NJ. Grubbs:
divorce. Decree granted with custody of
children.
City of Indianapolis We. Isaac Parker ct
al; street lien. Room 8.
City of Indianapolis vs.. Michael Mayer
ct al; street lien. Room /.
City of Indianapolis VS.. August MANI ct
al; street lien. Room 2.
Minnie Alisch vs.. Frederick G. Allsch;
divorce. Room p
Peter Lieber ct al. We. John Klein; note.
Room /.
CIRCUIT COURT.
EDGAR A. Brown. Judge. .
City vs. A. Vansyckel. From City Court.
Dismissed by a~Creemeut
City va. NJ. ID. Cain. From City Court.
Dismissed and costs paid.
Frank VOLTA VS.. Margaret VOLTA: di.
vorce. Refused.
Joseph Carr VS.. Daniel De Voss ct al; to
foreclose lien. On trial by court.
State of Indiana on relation OF James w.
Stout ye. John O. Henderson, Auditor of
State. Alternative writ of mandate issued.
New Suit Flied.
State of Indiana on the relation of
James W.. Stout VS.. John o. Henderson,
Auditor Of State; petition for mandamus.
CRIMINAL COURT.
Miliard r. Cox. Jndga
State VS. Patrick McNulty: selling l:auor
on Sunday. Appeal from Allen. j. p. Trial
by court. Not guilty.
State va James McFadden; selling liouor
to minors. Trial by court. Under ad wise
ment.
State VS.. Charles Racap; malicious tres
pass. Appeal from City Court. Bond for
feited.
State VS.. Andy Livingston; selling liquor
Trial By court. Guilty. Fined $50 and costs.