The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-05-24
Moo Snits Eiiel.
Notes of Recent Opinions.

An association of persons formed for an IL
IL held in jackson VS.. Akron Brick Association
Ohio 80 l.. R: A. PSI, to have no right to sue
in it's partnership name as the statutes permit
a lawful partnership to do.
right of action for death allowed by statute
If mo suit for damages be brought by the party
injured during his her life is held in Hill
VS.. Pennsylvania r. Co. (Pa) IS L: r. A. 1876,
to be barred if the party injured has given a
release of all demands for his personal injuries.
The determination of a City Council that trees
growing on a sidewalk are an obstruction to
travel is held, in Vanderhurst VS.. Thocke (Cai.)
charter gives the Council general control of the
streets, with power to Define prevent and re-
move nuisances.
A statute making it a crime for an insolvent
banker to receive deposits is sustained in Mead
owcroft VS.. People, 163 ILL., Sc, So L. r. A. 176,
against the contention that it DERIVES banker
of liberty or property without due process of
law and that the Legislature cannot make the
doing of certain acts prima facie proof of guilt.
The power Of municipal authorities to remove
a railroad track from a street crossing is denied
in Chicago VS.. Union Stock Yards & 7. Company
Qll) IS L. r. A. PSI, even If the owner of the
road had used it for unauthorized purposes and
had thereby Greated a nuisance, as the power to
abate the nuisance did not authorize the de-
struction of the property.
The negligent and terrifying acts and exclama-
tions of brakeman on train carrying both
freight and passengers, when made in, car
containing passengers, and which cause them to
jump from the train, believing that wreck is
imminent are held, In Ephland vs. Missouri
the carrier liable for the injuries received in
jumping although the brakeman had no express
duty to perform in or about that car.
The burden of proving defendants sanity in a
trial for murder is held, in Ford VS.. State
(NIiss) 80 l.. r. A. 1T, to rest upon the State;
but if there is evidence on the subject 1t may
be sustained by the presumption that all men
sane, while If there is evidence to rebuff the
presumption the proof of sanity must be made
beyond a reasonable doubt A note to this case
reviews the numerous authorities on the pre-
sumption Of a continuance of insanity.
An ordinance that no person shall permit
gamblers persons
of business. is held, in Grand Rapids VS.. Newton
(NIich.) 80 L. r. a. 226, to be unreasonable and
beyond the power of the Council 10 enact be-
cause 1T is not limited to places which require
police regulation to assemblages of immoral
persons, and does not make a knowledge of the
reputation Of the visitors an ingredient of the
offense.
Agreements by candidates and committees of
opposing factions of political party for the
settlement of differences, and agreements of
candidates to withdraw certain contingency,
are held, in Sims Daniels (<an.) 80 l.. r. A.
146, to have effect the duty of officers as
to the placing of candidates official ballots,
and to be improper for consideration by them.
1t is also held that where opposing factions of a
party nominate full sets Of candidates, and the
nominations certified to the county clerk as
provided by statute, neither can be excluded
from the official ballot.
Injury to a man while standing on a platform
waiting for a train, by being struck with the
bodv of another person who was killed and
hurled against him by an incoming train, is held,
in Wood VS.. Pennsylvania r. Co (Pa.) 50 L. r.
A. 1875, to give no right of action against the
railroad company, although the train which
struck and killed the person was running at an
improper rate of speed and did not give warning
of it's approach. The court holds that the negli-
gence of the railroad company was not the proxi-
platform but that the proxmate cause was the
negligence of the person killed.