The Indianapolis journal., 1894-04-25
THE COURT RECORD.


1864 T., st. L. & K. G. r. r. Co. VS.. Win
gate. Parke c. c. Reversed. Howard, {;
Ut is the duty of railroad carrier of
passengers to provide for the safe entry
and exit of its patrons from its cars, includ-
and approaches q The complaint in this
case shows that appellee was guilty or con-
tributory negligence.
1853. Cones vs. Board, etc. Benton c.. c.
Affirmed. Hackney, IA county is not La
BILE for personal injuries to a traveller on
free gravel road occasioned by defects in
the construction and repair of the road.
17159 Burrows VS. state. Montgomery G.
c. Reversed. Daley, jim a prosecution
% o Se it is gsd to to e
stolen in order to determine the grade of
the offense and the penalty to be imposed.
An instruction that a check stolen is pre-
sumptively of some value invades the prov
ince of the jury and is erroneous.
Appellate Court Opinions.
1l65- John A. Talman & Go. VS.. Nc
pellees on contract OF guaranty. The
evidence sustains the verdict.
stark 6 domRahy svyy vs. Tfbaney a
thOrity granted by the Legislature (R S.
1894. Sec S90s) to make make the change G Of grade
pany from liability for Its acts so far as
they affect public rights, but does not ex-
cuse it from responsibility for damages in
fiicted upon individual and private rights.
1893. c. & +. Railroad Company VS.
Towle. Porter c; c. Reversed. Davis, C. j.
Appellant predecessor UdQ a certain con-
tract with appellee whereby Ii had the use
of tracks belonging to appellee, and in
sideration therefor 1t was to haul for APP
pelee at a certain rate. A mortgage on
the road was foreclosed. the decree pro-
viding upon notice to appellee the agree
ment might be disclaimed by the purchaser
Appellant purchased the road and gave
such notice. Held: 1t was not liable on the
agreement.
iii. Duty VS.. State. Shelby C. c. Re-
1920 Williams VS. Fryberger Madison c.
c.. Affirmed. Ross, Jan action on ex-
traneous contract to give immediate pos
covenants of warranty and the deed need
not be made part Of the complaint.
Superior Court.
Room 1-James NJ Winters, Judge.
Henry Coburn VS.. John c. Dean ct al;
mechanics lien Dismissed and costs paid
Joseph T. Cones ct al. VS. Sylvester S.
Gorby ct al; foreclosure. Judgment for
Mary +. Nenaher VS.. John II. Nienaher;
divorce. Decree granted plaintiff.
Room 2-J. w. Harper. Judge
The Central Electric Company VS.. The
Novelty Electric Manufacturing Company;
and Judgment for plaintiff for s633.03
Leonora McCord ct al. VS.. Ann James; suit
for possession and damages Tried by
Room 3-Pnny w. Bartholomew. Judge
Adelne Houck VS.. City of Indianapolis;
damages. On trial by jury
Circuit Court.
Edgar A. Brown, Judge.
J. L. Evans IS Sample Loftin's Estate;
claim. Gone over by agreement till Thurs
day morning.
New Suits Filed.
William c. Ripley VS.. John L. Booth ct
al. complaint on notes. Superior Court,
Room 2.
John w Riley VS. Urias Turner ct al;
complaint on note Superior Court, Room 1.
James w Crank VS.. The Citizens Street
railroad Company: damages. Demand, $20,-
600. Superior Court, Room 2
Annie l.. Mitchell VS.. George w. Mitchell;
divorce. Superior Court, Room l.
Addison c. Fenley VS.. Mary ). Fenley; d.
yorce. Superior Court, Room 3.
NJ. r. Arlington VS. Horace T. kinney;
complaint on account Superior Court,
Room l.
Jackson Coal Company VS.. George F.
Branham; suit note. Superior Court,
Room g.
divorce Superior Court, Room 2.