The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-02-14
THE COURT RECORD.
Supreme Court Opinions.

1855 Racer ct al. VS.. wingate ct al
blackboard c; G. Reversed; Coffey, j. Nc
Cabe, j., and Howard, c. j., dissent-There
should be an adjudication on the facts
found by the trial court in ditch proceed
ing to the effect tast the ditch described in
to the plans and specifications. The find
ing Of the court that such open ditch, as
contractor does not show that the work
has been done according TO the plans and
specifications, or according to the order of
to authorize a conclusion of law that the
commissioner is entitled to a Judgment ap-
proving his report.
1871. Florer, Treasurer, ct al VS.. Sheri-
dan. Administrative. Tippecanoe c. c. AZ
a 6 c Daify f SWh hi citizen deduct
made no return thereof to the assessor
without concealment. the right of the aud
ltor to correct the list was when the citizen
was given TO and did appear to show
cause why addition to the credits should
not be made TO the return 2. The clause
in Section 63S2, r. s., deducting debts, etc,
from credits is constitutional. QHoward, c.
j., diSSentS.)
1892. Brophy ct al. VS.. Richeson ct al.
Gass c; c., Reversed. Howard. C. j.
west portion Of the southeast quarter of
section 81" followed by particular de-
by Cicotts lake, and meandering along the
waters edge eastward to a stake at the
lake low-water mark, these words plainly
limit the southern boundary line "along
the waters edge" etc, and does not in
clude any lands within the margin OF the
lake 2. A survey or plat referred to in
deed becomes part of 1t, as If it were
written in the deed.
Appellate Court Opinions.
JIG, L. E. & W. r. r. Co. VS.. Miller
was negligently maintained on an engine.
without ayerments showing that it was the
proXimate cause OF the escape of the lire
to adjoining land, is insufficient.
s51. city Of Bloomington VS.. Rogers
Monroe c. c. Reversed Ross, IA ction
for damages on account of a. defective
street. The facts fail to SHOW afirmatively
fault.
.122O; Grisell VS.. NOEL Bros. & Co. Ma
rlon S. g. Affirmed. Reinhard 1.-THE Su-
perior Court in general term may act upon
4 bill of exceptions and take notice of the
same though it has been filed after the
submission of the cause after appeal. g A
certificate to bill that this was all the
evidence given said cause is sufficient
more than eight hours per day without ob-
lection he valves any right to claim addi-
tional compensation in the absence of an
agreement TO that effect.
12l1. Kentucky and Indiana Bridge Com
pany VS. Mckinney ct al. Clark c. c.
Affirmed. Davis. c. 1.-THE court cannot
Gdjudge that negligence exists as a. matter
OF law in any case unless the facts are
undisputed and the conclusions to be drawn
therefrom are undisputahle, The question
9f negligence must be submitted to the
jury as one of fact not only where there
is room for differences of opinion between
reasonable men as to the existence of the
negligence. but also, where there is room
for such differences, is to differences which
might fairly be drawn from conceded facts
Reinhard, J., thinks from the evidence and
the answers of the jury the appellee was
guilty Of contributOry negligence.
1866. Pittsburg, etc. Railway Company VS.
Woodward. Scott c. c. Affirmed Gavin,
jim this case an employee, a brakeman
without any special duty of inspection,
afrrF-a
which was latent. The court cannot saw
as matter of law that the defect did not
contribute to some extent to the accident.
Superior Court.
Room 1-James NJ. Winters, Judge.
Albert T. Beck VS. Woods P. Garfield ct
Charles Decker VS. Atlas Engine Works:
DANCES. On trial by jury.
Room 2-J. w. Harper, Judge
The Gerrit Smith Lodge. No: 1901, VS..
Called for trial. Plaintiff failing to appear,
cause is dismissed for failure to prosecute.
Daniel Foley vs.. Michael Ready ct al
| sidewalk assessment. Cause dismissed and
costs paid.
benjamin F. Lucas VS.. John Chew; dam
| ages. on trial by jury.
Room 3-Pliny w. Bartholomew, Judge.
| Daniel Foley VS. James NJ Tallentire;
| street lien. Dismissed and costs paid.
Daniel Foley VS.. John Reed; street lien
/ Dismissed and costs paid
| Emma Strope VS.. John Strope; support
| Judgment for $780,
| j. Harry Johnson VS.. Henry Altman; in
| junction and damages.
| Circuit Court.
Edgar A Brown. Judge.
| John Hendershott VS.. William A Soho
| fields Estate; claim. DISMISSED by agree.
| ment at costs OF estate.
!. l.. BloOmer VS. William a Schofield's
Estate; claim. Dismissed by agreement al
| costs of estate.
Henry c. Seyfried VS.. William Dielssor
| CT al; damages for assault. On trial by
| struck jury
| Emma Cavanaugh, aged thirteen and