The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-02
THE COURT RECORD.
Court.

G. Affirmed. McCabe J.--Where d suit is
brought in which both the questions of law
and fact are concerned. a jury may be
called TO find the facts, and it Is proper for
the court TO instruct to ma the facts ana
where the court directs the jury to ma a
verdict as to some of the facts, the court
may disregard such verdict and render
Judgment in accordance with his own opIn-
1860. L., N. A. & C. Railway Company
VS.. keefer. Greene G. c. Reversed. Monks,
&. IA common carrier may become a pfl-
vate carrier or bailee for hire, where, as a
matter of accommodation or special en-
gagement, he undertakes to carry some
thing which is not his business TO carry. 2.
railroad companies are not required by
usage or common law to transport the trait
hc of independent express companies over
its lines in the manner in which 1t IS usual
ly carried, and they need not, IN the alb
sence of any statute requiring 1t, Iurnfsh
such express company equal facilities Tor
doing an express business upon their pas
enger trains, and in case they contract
outside of their duties as common carrier
they may lawfully contract for entire ex-
emption from liability for its negligence. ).
When a person is employed as an express
messenger, under contract with said COM
pany, he may relieve said company ana the
railroad company from any liability for IN
jurieS received while in the employment of
said company, and, being employed by the
express company, the relation of passenger
and common carrier will not exist when
the contract between the two companies
gives the express company and its messen-
ger rights which the railroad as a common
carrier could not have been compelled to
grant.
17743. The State VS.. Myers. vigo C. C.
Reversed. Jordan, jim an affidavit and
known as the Nicholson law, it need not
after the word malt use the words and
other intoxicating liquors" as used in Sec
ton ten Q) of said act, for where legisla-
tive sense is plain the exact grammatical
construction of the language may be dlsre-
garded.
1895. Vanderventer VS.. Moore. Madison
c. c.. Petition for rehearing overruled.
Appellate Court.
2061. ~mshw VS.. Tyner. BIackford
c.. C. Reversed. Lott. il. The Office of
a description of real estate as used in a
contract is to furnish means of Identified
ton. but whatever ambiguity and uncer-
tainty there may be in the contract 1T may
be removed by the parties thereto them
selves, by their conduct and acts with ref
that property was to be distributed by
lottery, such a contract will not be void
where it is not shown that the lots were of
unequal value.
2132. The State VS.. Clerk. Sullivan C. c.
Affirmed. Ross, J.-When an indictment is
quashed and the defendant discharged. the
recognizance bond given for the appearance
of the defendant becomes cancelled and in
operative and void, and a subsequent filing
OF an affidavit and rma is the COM
mencement of a new suit, and has no con-
nection with the bond given for his APP
p~earance under the Indictment.
1862. Benefit Society VS. Templeton. Elk
hart {. c. Reversed. Davis, G. il. Where
there are two paragraphs of answer. one
in confession and the other in denial. the
plaintiff cannot treat the answer in confess
sion as diSpoSing with the proof of the
facts put in issue by the paragraph of de-
NAL. 2. Where a person took life insurance
on the life of his mother, who was seventy
six years of age, the complaint for the re-
coVery of the amount of the insurance
should show a reasonable ground for an
expectation of the plaintiff of some pc
cuniary or material benefit or advantage to
him from the continuance of the life of his
mother when there is nothing to Justify an
Inference or expectation that she would be
1913. 81. & O.. Railroad Company VS..
CountryLnan. DeKalb c. c. Petition for
rehearing overruled.
Winstanley. Monroe C. c. Petition for re-
hearing oVerruled.
Superior Court.
Room John L. McMaster, Judge.
Florence Giltner vs.. Citizens street-rail7
judgment for plaintiff for $50.
Union Supply and Hatlware Company
VS.. the Beck Oil Company. Finding and
Judgment for plaintiff for $164.
Room FL. NJ. Harvey, Judge.
Powitsky & Collins Carriage Woodwork
Company VS.. Capital City Buggy Company;
and Union Trust Company appointed re-
ceiver on application of w. j. Holiday &
Co. Agreed judgment in favor of w. j.
Holiday & Co. for SO. 202.3 and foreclosure
of mortgage.
Criminal Court.
]. f. McCray, Judge.
State VS.. Charles Hoffman; .petit larceny.
sci u WI AnOuSC u SGNSn OIll Oh
plea OF guilty.
State VS.. James Griffin; petit larceny.
Trial by court. Not guilty.
John S. Duncan, Special Judge.
State VS.. Edward Bartell; grand larceny.
Not guilty.
New Suits Filed.
Joseph NJ. McVey VS.. William G. Holts-
claus; application for receiver. Circuit
Court.
Melissa b. Haag VS.. Munger Cycle Manu-
featuring Company; on notes. Room 2.
ElGranaa Giltnar V CifiZPnG' Strpaf-rail-
road Company; damages. Room l..
Tilly Hartwig VS.. Henry Quinn ct al; on
notes. Room l.
Bennett Barnett VS.. William Frick ct al.
foreclosure. Room 3.
Margaret. NJ. Kelly VS.. James F. Keely;
divorce. Room 3.
Joseph D. Brown VS.. Frederick w. Cady;
on note. Room l.
Louis Ehrmann VS.. City of indianapolis;
Ia m a ora Room 2