The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-26

ing law questions. The rule of law relating
allows the plaintiff to recover from the
company when the missing luggage in
be necessary to the comfort of the loser;
that a case of samples could not be con-
sidered as ordinary baggage and that the
passenger before he could recover on the
loss OF such articles must have informed
the company of the character of his proper
fy Per9re taxing pass sag G1heTs attorney
ticket he was entitled to a certain amount
OF baggage no matter of what character
and in failing to put the trunks off at the
proper station the company was grossly
negligent as if they had carried the owner
of the trunks beyond the station where he
desired to alight.
Suit between Minors.
Judge Harvey of Room 3, Superior Court
is hearing the case of Liberty S. Howell
against Zach p. Kellar. the litigation in
volving the obligation of a somewhat novel
contract Both litigants are minors, neither
being over eighteen. Young Howell was
the owner of $50 worth of building and
loan stock. Kellar was the proprietor of a
small stock of CONNECTIONS on Virginia ave-
nue.. Howell passed the establishment one
day and decided he would like to buy 1t.
He lost no time in striking up a bargain
with young Kellar, and in few days was
the contract Howell got the store and $27
in cash for his building and loan securities.
Now he desires the contract set aside on
the ground that both he and the defendant
were minors and not Of legal age to make
a contract. Kellar AYERS that Howell pur-
chased the candy store of his father. He
says he borrowed the money of the elder
Kellar to stock up the establishment, and
holds that the contract was virtually en-
tered into between his father and Howell.
On Account OF Gas Explosion.
William Schultz, who some time ago Sc
cured $1,000 damages from Wilhelmina Metz
ker, on account of injuries suffered in a gas
ocio nf pSylx mix nd
North streets yesterday brought suit
against the Consumers Gas Trust Com
pany for $4,000. Schultz was employed as
delivery boy in grocery store fronting on
Potters drug store. He was in the cellar
when the explosion occurred and was
face. He sued Mrs, Metzker. who owns the
building, and recovered damages. 1T being
shown that the plumbing in the groesry GEL
plumbing in the cellar of the drug store was
bad. and declares that the gas company per-
mitted the negligent work
Seeks to Recover Commercial Paper.
Diedrick Pake, manufacturer and dealer
in cigars at Brightwood, yesterday brought
suit to recover the amount of two notes,
which he says he executed in favor of VIII
liam NJ St Clair in September 1884, Pake
alleges that he purchased five hundred dol
lars worth of the cigars from the defend
ant but afterward found them to be of in
feror In he Rank vf In y
cember, 1894. he returned that part of the
goods unsold, with the agreement he AYERS,
that the notes were to be turned oyer to
him. All but two were returned. the. re-
manning ones having a been LIT transferred to
plaintiff and recovered $l12.79.
Administrator Sues for Damages.
In October, 1898, Samuel c. Hiatt, con-
ductor employed by the Chicago, st. Louis
lance out of this city. The train was made
up in the Indianapolis yards and Hiatt took
charge of it Immediately afterward. Within
81 l. miles of the city the train was wrecked
and the, conductor killed. Yesterday suit
ministrator of the Hiatt estate for $4,000.
The complaint alleges that the train
neglgently made s,s up, which carelessness on
cause of the wreck. Hiatt, the administra-
tor alleges, left widow and several chill
dren of tender age dependent upon him.
She Removed the Mixer.
Fannie Coleman, who brought suit in
the court of Squire Daniels for damages
against Mary A. Sullivan, was awarded
verdict for $65 by a jury yesterday. From
the evidence it appears that Mrs. Sulli-
van rented three rooms in her house to
Fannie Coleman last November and, during
the last extremely cold weather the women
had some difficulty and Mrs Sullivan had
rooms occupied by Fannie Coleman and
her aged mother and moved the stove into
the street. From the exposure to the cold
weather the old lady became i'll and suf-
fered a long sick spell.
Argument on the Fall Creek Petition
Judge Brown, of the Circuit Court, yester-
day heard argument on a demurrer to the
petition of Cal Darnell and others to
straighten the channel of Fall creek. At
torney w; L. Taylor who owns part of the
land which would be affected by the change
represented the DIRECTORS to the scheme
The petition was first filed with the County
Commissioners and then appealed to the
that the court had no jurisdiction in the
matter, and if the commissioners could not
act the petition would have to come before
the Board of Public Works
Arthur Jenkins Failed to Appear.
Arthur jenkins, the young man who was
arrested last Saturday for an assault COM
mitted on Mrs. Joseph Smith and was re-
leased on $50 bond furnished by his father,
failed to appear in Police Court yester-
day morning and it is thought he has
left the city. He was charged with assault
street. but yesterday morning the charge
was changed to one of a more serious
officers are again looking for the young
man. his case having been continued until
"Wednesday morning
$4,000 for Cutting on His Gas Supply.
Oren H Taught. of No. S44 West Morris
| street, West Indianapolis, yesterday began
an action for damages against the In
! dianapolis Gas Company. His complaint
charges that week ago the company shut
/ off the gas from his house without cause
| He suffering from the effects of dan
gerous surgical operation, and in conse-
| quence of the wrongful act on the part of
! the company. he alleges. he was made sick,
| and his family has suffered great humilia-
| ton and disgrace in the eyes of his neigh
/ bors. He demands $4,000.
| Duthie-Daggett Company In Trouble.
| Frank d. Stalnaker was yesterday APP
! pointed receiver of the Duthie-Daggett Tool
i Tsx,,npanv The aprointu1erf was made Inv