The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-05-29

against another defendant.
1871. Bedford Belt Railway Company VS..
Mcdonald. Lawrence 6. [. Reversed.
Davis, IA subordinate officer or agent
OF a corporation has no authority to en-
ploy surgical attendance for a servant in
jured in the performance of duty or for
a person injured by its train except on an
urgent exigency and in such cases the
liability arises with the emergency and
with It expires
1898. Burt VS.. Little. Clark c.. c. Re-
versed. Davis, IAN action founded upon
a bond, and neither the original nor a copy
thereof being filed with the complaint, is
bad on demurrer when the statute clearly
expresses that in all such actions the ORR
ginal or copy should be filed.
1889. Hook VS.. Monroe Township, Pulaski
County. Pulaski G. c. Reversed. Davis,
il. An action in which a trustee for
a township seeks to recover for work done
may be brought by the trustee either in
his own name or in the name of the town
ship. 2. The act of 1891 provides that it
before the first day of August of each
year TO fix a time within which each al
lotment on every ditch shall be completed
by the person whose duty il is to perform
the same and it shall be the duty of every
person TO whom any allotment has been
made upon receipt OF the notice from the
be completed to perform his allotment
within the time fixed in the notice and on
failure so to do the trustee shall proceed at
once to have the same completed. And an
action based upon the above provisions
must contain all the provisions by express
averment or the complaint will be bad
on demurrer.
1909. l.. S. & NJ. s. Railway Company VS..
Malcolm. Elkhalt c. c. Reversed. Rein
hard, c. J.-When an employe is injured
by defective appliances of which he had
previous knowledge or had equal appor-
tunities with the employer to know of
such defects he assumes the risks incident
10 the employment If he continues therein.
.. II is error to refuse to allow a corpora
ton TO show the manner of operating
a train down to the time a person was
iniurod and III the manner Of oparaffno
the train was the same for some time before
the injury took place the injured person
who was an employe on the train cannot
recover.
1890. Manchester Fire Insurance COMPANY
VS.. Glenn. Washington c.. 1. Affirmed. Lott
il. If the property covered by the policy
OF insurance consists Of several distinct
items and Il is so situated that the risk on
one item cannot be affected without affect
the various items are necessarily subject to
destruction by the same CONFEDERATION and
the consideration is entire, the contract Is
indivisible and the loss. cannot be appor.
toned, but the rule IS, otherwise. under
contrary circumstances. 2. The contract OF
insurance is personal as to the assured. 3
One insured cannot be substituted foI
another unless with the consent OF the ia,
surer. 4. II a policy be issued with full
knowledge by the company of all existins
facts which, according TO the conditions ol
the policy. make it voidable, the conditions
are waived.
1883. Hoagland VS.. State ex rel. Schrieber
Jennings {. c. Reversed. Gavin. il. wher
a sheriff permits a prisoner 10 be at large
temptation. nor can the sheriff. after such