The Indianapolis journal., 1896-11-25

Affirmed. McCabe. 1.-THE ruling of the
court upon the pleadings and his findings
must be made the basis of a ifew trial when
overruling of that motion should be as
signed as error.
RaSdo,n6 a1S5s e, G. 6 & 81 L. Ry. osd Coo VS. Ward
i. When error is assigned for the refusal
OF an instruction IL should be shown affirm
ativeiy the request therefor was made in
due season: that Is at the close OF the evil
dence. 2 If an inspector OF AN engine is
competent. but improperly inspccts boiler.
or does not inspect II as competent and
careful inspector would. the company will
be liable for damages caused by the explo-
sion OF the boiler due TO improper inspec-
tiOn thereof
c. Reverse. Howard III. The State can
not impeach the defendant. in a criminal
charges char M made is''s against @ HMM him in the trial rial
court. and against which he is defending
himself.
Affirmed. Monks, il. An executed parol
license may become an easement upon the
land of another and may. establish a right
on one estate in favor OF another. :. The
erection and maintenance of a stairway for
more than fifteen years on the real estate
by another is sufficient notice of the con-
tract and rights of the owner of the stair
way Hereunder to all claiming title under
the grantor who owned the land at the
g. Where large sums OF money have been
expended in the erection of : building and
a license TO erect an outside stairway is
given by parol and the. same is erected in
pursuance thereof, such contract Will be
177si. Harting VS.. schiefer. Allen c. C.
Order dismissing appeal set aside and ap-
peal reinstated.
17Ss9 Brevoort VS.. c.. c., c. & st. L. Ry.
co. Knox c. c.. Dismissal set aside and
1870. Board of Commissioners VS.. Brown.
Scott c. G.. Advanced.
1000. Bloomington VS. Pheips. monroe
~ ri Aa6
$1,000. Curtice Leedy. Kosciusko c. c.
Motion to substitute heirs and admin strator
as appellees granted.
1slie Koontz VS.. Savings Bank. Mar
shall C. c. Publication of nonrecord or
dered.
Room John L. McMaster, Judge
]. Reedy VS.. j.. Hughes; appeal. Dis
missed for want Of prosecution.
b. Richcreek VS.. ]. Flaherty; improve
ment lien. Dismissed and costs paid.
Room 2-Lawson NJ. Harvey. Judge.
Walter B. Harris VS.. Marion Eaton; ac-
count. Finding for defendant. .
Indiana Paper Company VS.. AIvena ,, X;
White; note and account. Judgment against
defendant for s253.sO and costs; also judg-
ment on account for S2O2.5l
Room 3+Vinson Carter, Judge.
Clara j. Vellins vs.. Eliza A. Cobb; dam
ages Jury returned verdict for defendant:
Frank Klee, by Emma Klee. VS.. c., c.,
c. & st. L. r. r. Co. On trial by jury.
II. II
SON Finding for plaintiff for $99 16 against
Lota 2. Hartley and against Samuel p.
and Sarah c. Ames for $ls6.67; finding for
III. E. Phillips against l.. p. Hartly for
$353.46
Criminal Court.
J. F.. McCray. Judge.
State VS.. John Little; violation Of Sec
ton 3. Nicholson law 1.-TWO indictments).
Plea of guilty and fined $40 and costs in
one case and the other taken under advise
ment.
State VS. Joseph Wambaugh: selling
LIQUOR on Sunday two indictmentso On
pleas of guilty fined $40 and costs in each
of two cases and the third taken under
advisement.
New Suits Filed.
Arthur F. Keefe vs. Indianapolis Gas
Company; damages. Room 2.
John n. Wolfe ct al. VS.. George F. Kreit-
lein: on account. Room i.
Russell Wind Stacker Company VS.. John
p Hector: on note. Room g.
William H. Levi VS.. Joseph II. Clark ct
al; contract. Room 3.
Margaret f. Ray VS.. Stephen Black ct al. !;
on bond. Circuit Court
Emma Mclean vs.. Jacob Rodocker ct al !;
on note. Room 1. E. L..
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