The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-06-08
THE COURT O
Supreme Court opinions.

1852. Hans VS.. j.. NJ. & 1. r. r. Co. ct
al, Floyd G, c. Affirmed. McCabe, J.-If
railroad tracks when placed on an alley
six feet apart instead of twelve feet, as re-
quired by an ordnance, dc not render a
passage over the alley more unsafe then
an adjoining property owner has no cause
or action for damages Tor obstruction.
1913. Reid VS.. Klein ct al. Delaware c.
c. Affirmed. Daley, J.-Where a descrip-
ton in a deed refers to a street which is
dedicated in a plat Of record there is no
ambiguity and parol evidence Is not adj
misslble to show that reference is intended
there any ambiguity in the description the
north line of the railroad track as
track" is distinctive from right of way.
1896. Hawkins VS.. Stanford ct al. White
c. c. Affirmed. Hackney, J.-Where a
party succeeds upon one cause of action
and fails upon another both stated in two
paragraphs Of one complaint he is entitled
TO recover costs in the cause upon which
ne succeeds.
1889. City of Columbus VS.. Strassner.
Bartholomew c. C. Rehearing denied. Cof-
fey, J.-Where instructions were marked
on the margin given and excepted to by
defendant, Feb. 20, 1891" with the sigma
ture of the judge and all embraced in a
proper bill of exceptions, which was regu-
larly filed as shown by a second entry,
they are in the record.
17226. Board, etc, VS.. Dinwiddie ct al.
Rush c. c.. Reversed. Howard, IA
board OF County Commissioners is compe-
maintain a home for worthy unfortunate
persons and orphan boys. 2. A gift OF
charity is maintained i'm this State If made
TO a competent trustee and If so defined
that it can be executed as made by the
donor by judicial decree, although the ben
eiciaries are not designated by name or
specially pointed out. If the trustee is in
vested with full and ample discretion 10
select the beneficiaries of such charity
from the class of persons named. 3. a be-
stock. which can only be held BY natural
persons. will not invalidate the gift when
il is left to the discretion of the board 70
do what Is necessary TO carry out the
trust. Nor does the fact that the bequesr
provided for a church at the home avoid ii.
Appellate Court Opinions.
73. Warder VS.. Nolan. Clark C. c. At
firmed. Reinhard, J.-Where the defects
in a complaint are such as may be sup
cured by the verdict and Judgment where
the pleading is questioned for the first
time by an assignment of error and in
such case if the complaint contain enough
substance to bar another action for the
same thing, 1t will be SUFFICIENT to with
11S5. n. Y. c. & St L. r. r. Co. VS..
Aiushrush. Porter G.. g. Affirmed. Gavin,
Ut is not necessarily negligence for Il
boy to walk slowly along a station plat
form within n foot and a half of the train
moving at the rate OF two miles an hoy.
Nor was he a trespasser because he failed
TO leave the platform and take the nearest
route home. It is the duty of a railroad
company To keep its station and platform
In a reasonably safe condition and TO have
them reasonably well lighted. 2 The YER
diet for $1,000 for the death of the boy
twelve years old) was not excessive.
Superior Court.
Room flames NJ. Winters. Judge.
Albert r. Baker Us. Supreme Sitting Or