The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-05-20
The Court kecord.
SUPREME COURT OPINIONS.

SUPREME COURT OPINIONS.
No. 1898. Yaeder c. Geltor. Admins
traitor. VS.. L. u /. Railroad Company.
Greene c. q. Petition for q rehearing Der
ruled.
No. 15547. First National Bank of Indi-
annapolis VS.. Eliza T.. Hendricks. Marion
T.. G. Petition for rehearing overruled.
No. 1916. Seleman Gimbel VS.. John l..
Green. Knox c. G. Motion to strike out
cross error overruled. Odds, J.-After q
q motion to strike ont the assignment OF
cross errors. even though they be improp-
erly assigned.
No. 1924. New York, C. 81 st. l.. II. r.
Co. VS.. Julian Perriguey. Wells q. Z, Re-
yersed. hackney. J.-One Ferris was an
engineer in charge of Engine l72. with In
structlons 70 run to Argos. enter on the
side track, ana await until Engine lo7, 60
ing in the opposite direction. in charge OF
the appellee. had passed. Engine 167 had
instructions TO run forty miles an hour.
The headlight of Engine 172 was defective,
but lamp substituted for. provided by the
railroad company. could be seen at least
four miles IL was night. Ferris RON 20
Argos, entered on the side track, waited
awhile, and then. without orders. ran on to
the main track. and proceeded on to his
destination. without orders and In viola
ton of the only order he had received. He
was a careless and reckless engineer, but
neither the appellant nor appellee knew
that fact. A collision occurred. and ap-
pellee was injured. Held. that appellant
was not liable for its remote negligence to
provide q proper headlight; that Ferris's
disobedience of bis order to wait at Argos
until Engine 1877 had passed was the prox-
innate cause of the injury, for which act ap-
pellant was not liable. because Ferris was
fellow-servant of the appellee. Judgment
ordered on the special findings.
SUPERIOR COURT.
Room flames NJ, Winters Judge Pro Tenn
Marian Parish VS.. Stephen Cogill ct al; to
set aside conveyance. Finding for plaintiff
and conveyance set aside and real estate
made subject to plaintiffs Judgment.
James l.. Wenslcy VS.. Margaret Wensley;
divorce. Decree refused.
Ida III. Loeper VS.. Mary c. Dencke- Walter
ct al; to quiet title. Motion to set aside
default overruled.
Christian Kock ct al. vs. James Shea ct
al; mechanics lien. On trial by court.
Room flames w. Harper. Judge
Julia A. Brackmire VS.. Otto Brackmire;
divorce. Trial by court. Decree granted
plaintiff, with custody of child and 500
alimony.
Room s-Pliny w. Bartholomew. Judge
Thomas j. Faurot VS.. II. ID. Bowen; street
lien. Dismissed and costs paid.
Anna Schoeneman VS.. Henry Schoene-
man; divorce. Granted on grounds of
adultery.
Peter Davis vs. Lucy Davis; divorce Dis
missed at plaintiffs cost
john y. cooper VS.. henry A. Bennett;
10 quiet title. Decree quoting title in
plaintiff.
James Milliqan VS. Philip Franklin; mort.
gage. judgments for $3.50 and decree of FORE
closure.
Louisa j. Engle VS. Harvey Engle: di-
vorce. Decree granted on grounds of
cruelty.
Ke,o Salts Filed
Lyman 8. Ayres VS.. Albert T. Beck; no te.
Room ].
Leo Vincent VS.. Leroy Templet O, L. w.
Stoekweil et al; damages- Demi ad, &c.
coo.
CIRCUIT COURT.
Edgar A. Brown, Judge
Edgar Il. Smith VS.. Ciuzens' Sereet-rail-
way Company OF AL; damages. demand,
$1,000. On trial by Jury.