The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-06-11

Appellate Court.
RAILROAD IN HIGHWAY-RIGHT OF
TRAVEL ER

NAV EL1ch-
203e Owen C. c. L.. n. A. & c. Railway
Company VS.. Downey. Affirmed. Conn
stock. il. Errors in overriding demur-
TeTS 10 PieadingS when there is special
2. A railroad company cannot Gust the
public of the use of a public highway
merely by the construction OF a railroad
over its line. nor can title be acquired in
ground adjacent to its track by inclosing IL
with fences, unless the highway was aban-
doned by the public. 8. The public does
not lost its right to a public highway
by admitting d railroad company TO the use
of such highway. 4. A person walking be-
side the track of a railroad which was
built in public highway, and along which
footpaths have since been maintained for
which have been constantly used by the
public. is neither a trespasser nor a IL
censee, but a traveller on a public highway
and entitled to the protection from the rail-
way companys negligence which is due
such a traveller.
NEGLIGENCE-FELL WORKMAN
OBVIOUS RISK.
2l65. Montgomery c.. C. Pierce. receiver,
Where the special verdict states that
workman who had assisted in setting a
}acksGrew petmeen PIE anu DGtdse UNI
such a manner that he thought it unsafe,
then went below the Jackscrew to do some
work assigned him by the foreman, who had
helped TO set the jackscrew, and who told
him it was 'all right and he would watch
it." and was injured by the jackscrew fall
AeNAtS
not have chosen some other position While
doing the work, he must be held 10 nave
been guilty of contributory negligence. 2
The danger was as open to the observation
of the workman as to that of the employ
er's agents. g. The foreman. in so far as
he might have watched the jackscr~w to
prevent it from falling after he had helped
to set it, as he promised to do, was merely
a fellow workman and not vice principal
ct al Petition for rehearing overruled
2302. Hendricks C. c. Lewis admins
traitor, VS.. Watkins. Transferred to Su-
preme Court.
Superior Court.
Room John L. McMaster, Judge.
Amos Remler VS.. Brown-Ketcham Iron
Works; damages. Jury found for defend
ant under instruction Of the court.
w. Walling guardian, VS.. Sarah J. Wi
mans ct al; note and mortgage. Finding
and judgment for plaintiff against defend
ants, Sarah j. WInans ana James M: WI,
mans, for S963.96. Decree Of foreclosure and
order of sale.
National Wall Paper Company VS.. H. w
thinner ct al: account. Finding and judg-
ment for plaintiff against defendants for
$1174.14.
Room 2-Lawson NJ. Harvey, Judge.
William Brester VS. Anna C. vetter ct al;
mechanies lien; on 6r1aI by e9upI
Lena Weinbrecht; Improvement lien. Dis
missed and costs paid.
Room 3-Vinson Carter Judge.
,Gustaf Rosberg vs.. Walter J. Hubbard ct
Circuit Court.
Henry Clay Allen Judge.
Arthur M Robbs VS. Martha Potts's es-
tate Submitted to court. Evidence heard.
Finding for claimant and judgment against
estate for $23 and costs.
Henry w. Shepard VS. Albert MASS es-
tate Claim dismissed by agreement at
Peter W. Delaney VS.. Catherine Delaneys
estate. Claims allowed by administrator in
full.
Henry Jameson vs.. Francis w. Webbs
estate. Claim allowed for $40 and costs
against estate.
oliver II. Carson, administrator, VS..
Sarah McCoy's estate. Additional evidence
Criminal Court.
Frank c. Groninger, Judge pro tenn.
State of Indiana VS.. Gus Staffel; assault
and battery. Appeal. Fine Of Islam 81 ana ,S costs.
sauit and battery. Appeal from justices
court. Assessed fine of 81.
State of Indiana VS.. Fl. F. Huester; as
sauit and battery. Appeal from Justices
court. Evidence heard. Taken under adj
visement.
woke. Appeal from justices court. Fine of
State of Indiana VS.. Christian Cartheuser;
dence concluded and argument heard.
State of Indiana VS.. Joseph F. Heating;
keeping gambling house. Appeal from JUS
tees court. Finding of not guilty.
New Suits FILED.
Mary F. Love ct al. VS.. United States
Lounge Manufacturing Company; coma
plant for rent. Superior Court, Room 3.
Indiana Rubber Company vs.. John Her
man Trimpe ct al; suit on note. Circuit
Court
John w. Pringle VS.. The Indiana Insur-
ance Company; suit on policy Circuit
Court.
Abe schussler VS. Annie Schussler; di-
vorce. Superior Court Room l;
Cora Swartz ct al. VS.. Nora Van Camp;
suit to foreclose mortgage. Circuit Court;
Nora Van Camp VS.. Cora Swartz ct al;
suit to cancel mortgage. Circuit Court
Edwin S. Folsom VS.. Lewis w. Holloway
ct all suit on note Superior Court,
Room l.
Anna M. Taylor ct al. VS.. Mary A. Hast
ings ct al; suit for partition Superior
Court, Room 3.
Charles B. McCreery VS.. James w. Fes-
Ter: suit for damages. Circuit Court.
Warren C. Bennett VS.. Jacob A. Emerich
ct al; suit on judgment. Superior Court
Room 2. 60
ell Order of Equity; suit on claim Supe-
,.ior RI Room |