The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-09-26

acquires actual notice of a loss within the
time notice is required by the policy sucn
17779 Am r can Tr Ist. { t., Co VS. VEG t
tigan: Marion C. G oertiorari gran5,e ai:ou
Wayne G. c. Petition for rehearing grant
road Marion s. c. Rehearing granted.
Appellate Court.
1894. Mining Co. VS.. Irish Upton c. c.
Affirmed. Reinhard. Ill. When the spe-
upon a certain paragraph of complaint on
appeal such paragraph will be treated as
out of the case. z. Where a complaint
date neggently and careIessly, and
knowingly permitted and allowed its pipes
to become and remain in bad repair fur
Their showing that said pipes became rust
ed. rotten and were unfit and incapable CT
controlling natural gas. and that the COM
pany knew of such condition and suffered
them to remain so, and that the pipes
the defendant with negligence. 3. A gen
eral averment of freedom from negligence
is sufficient for the plaintiff to plead, UNI
shown that the plaintiff was guilty of CON
tributory negligence. 4. Courts take judi
highly explosive and combustibe, and that
it will explode when ignited by fire .:
gas company is bound TO- foo know thai # It's
pressure injury is sure to be the conse-
quence of such break, and that the gas
will explode if it comes in contact with
fire.
22ss; Il E. s "; F. R. ca 9;r, VS. CITY !! sv Of
J.-This case is affirmed upon the authority
of No. 1862. decided this term.
@ i'I Patitinn for. rebearinar oWerrtiled' Ross
il. Unless the record shows affirmative
~ that the instructions rendered and re-
fused were rendered to the court before
the argument was commenced IL will be
assumed that the court refused such in,
in in time me- 2 on appeal a presumption
arises that the Judgment of the lower court
is correct, and the Judgment will not be
reversed unless the record afflrmatlVelN
shows that error has been committed and
that Lat, the judgment IS wrong. ,ro,,,arv =
C. Motion for a reheariEg.
Superior Court.
Room John l.. McMaster, Judge.
Alice Bowman VS.. William FL. Sharpe on
ACCOUNT on trial BY Iuryf 1naianano1is VS.
Huntington Seed Company ct al; for re-
ceiver. Union Trust Company, of Indian
apoils, appointed receiver.
Room 2-Lawson NJ. Harvey, Judge.
Daniel O'Brien VS.. Jerome B. Edwards
note. Judgment against defendant for
$262.5S and costs.
fin ct al; foreclosure. Judgment against
P; b Coffin and J. 1; Benedict for $S.lS4s5
Benjamin Frey for S. $50 81 and costs.
Thomas Hayes ct al. VS.. Peter Noon; &C
count. Judgment against defendant Tor
Lorenz Schmidt VS. Emily Muzzy ct al;
foreclosure. Dismissed by plaintiff.
The Hancock Orient Life Company VS..
Amos K. Diltz ct al: Foreclosure: Judg-
ment against A. K. DiItz for $6,64O.99. Fore
Jacob Kirch VS.. Alva NJ Garsen ct al
Dismissed by plaintiff.
John Frank ct al. VS. Jno. Nj. Bonmle
account. On trial by court.
Room 3-Pliny w. Bartholomew, Judge.
William Shipman VS.. p, c., c. &, ST. L.
Railroad Company; damages. on trial by
jury.
]. F. McCray, Judge.
State VS.. John Kelly: petit larceny. Evil
dence heard and taken under Amusement.
State VS. John Suggs; assault and battery
with intent to kill. Sent to ipenltentlary Tor
three years.
Edgar A. Brown, Judge.
Pearl A. Maverick St al VS. Josh Joshua an r
Jones ct al; replevin. Trial by court; find
ing for defendant.
New Suits Filed.
Bernard Koehring ct al VS.. Frank L.
Hetherington ct al; mechanics lien.
Richard W. Yarbrough VS.. c. NJ Williams
ct al; to quiet title. Room q
United States Building and Loan Insti-
tuition VS.. Ida Jones ct al; foreclosure.
Room 8.
Alpha Medsker VS.. Peter M. Pursell; on
Margaret LANCE VS.. Frank Lange; d.
yorce. Room 2.
Pouetsky & Collins vs., Leonard & Sim
monds; receivership Room 2
Eliza Shaw Edwards vs.. William T. Ed
wards ct al: foreclosure. Room 3.
Elizabeth Hodges. administrlX, VS.. Penn
sylvania Railroad Company ct al; dam
ages. Room /.
Sarah F. Carriger VS.: George Hoover ct
al: damages and restraining order. Room 3.
Maud NJ Young VS.. Adolph Young; di-
vorce Room 3.
Samuel Rittenhouse VS.. T. H. & I. Rail-
road Company; damages Room l.