The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-09

negligence is the issue and the facts are
such that different conclusions may be
drawn as TO whether the plaintiff did or did
not act as a prudent man under such cir
cumstances should have acted, and the case
is therefore one in which 1t is within the
province of the jury TO draw and state the
inference of fact unless the primary facts
from which such inference is drawn by the
jury be also stated in the verdict, so that
the court may have the opportunity to de-
termine whether different conclusions might
reasonably have been drawn from them,
such conclusions stated by the jury will not
De accepted by the court as decisive OF the
matter so stated. 8. 1t is not proper for the
jury to determine and state in a special
verdict what are the pleadings in the cause
or what are the issues on trial.
: III. Heady vs., Brown. Sullivan c. c.
Certiorari granted.
2229. .Kenner vs.. whitelock. Huntington
Z. 9. Transferred to Supreme Court.
1854. Townsend vs. Fire PROBING Com
pany. Marion S. c. Petition for rehearing
overruled.
26O5. Plate Glass Company VS.. Hancock.
Upton c. c. Certiorari granted.
Superior Court.
Room LIB. S. Higgins, Special Judge
Frederick Rand, Receiver, VS.. John C.
Wright ct al. On trial by jury.
Room II. L. McMaster, Judge.
Mary Shortridge VS.. Samuel Dawson to
revive Judgment. Dismissed and costs paid.
Room 2-Lawson NJ Harvey, Judge,
Art NJ Wilson VS.. Westchester Fire In
paid.
Art M. Wilson VS.. Hamburg Bremen Fire
Insurance Company. Dismissed and costs
Art NJ Wilson VS.. the Phoenix Fire In
surance Company. Dismissed and costs
paid.
Amanda farrell VS.. City of indianapolis
ct al; damages. On trial by jury.
Room 3-vinson Carter, Judge.
Roughlen Gruson VS.. Edward Harmon ct
al; injunction bond. On trial by jury.
Criminal Court.
State of Indiana VS.. Mayer Steinberg; pro-
family Appeal from justice of the peace.
Finding of not guilty.
State of Indiana VS.. Fred Hackelman. De-
PENDANT released from WOrkhouse on pay
ment of fine and costs.
State of Indiana VS.. Albert Heston, keep
er of gambling house. Defendant released
on personal bond.
State of Indiana VS.. William Owens and
Walter Newly: grand larceny; entering
house to commit felony and receiving stolen
goods. Evidence concluded and cause taken
under adviSement.
State of Indiana VS. William Truesdale;
trespasss, appeal. Trial by jury on plea of
not guilty.
Circuit Court.
Henry Clay Allen, Judge.
Indiana Bond Company VS.. Mary Miller
ct al; street lien Dismissed by plaintiff.
Judgment against plaintiff for costs.
John H. Smith VS.. Samuel L. Mohler ct
al; street lien Dismissed by plaintiff.
John II. Smith VS.. James Hill ct al: street
lien. Dismissed by plaintiff. Judgment
against plaintiff for costs.
Indiana Bond Company VS.. Francis r.
Jennings ct AL; street lien. Dismissed and
costs paid.
Indiana Bond Company VS.. Ida G. Smith;
street lien. Dismissed and costs paid.
Samuel Schuck VS.. Charles c. Burch;
commission. Submitted for trial by jury.
New Suits Filed.
Massachusetts National Bank VS.. Kent &
Stanley Company; suit on note Superior
Court, Room !.
Jessie F. Chapple VS.. William T. Chapple;
suit for divorce. Superior Court, Room l.
Indiana Bond Company VS.. Mary E.
Thomas ct al; street lien. Superior Court,
Room /.
Meredith Nicholson, trustee, VS.. Arthur B.
Grover; suit on notes. Superior Court,
Room 8.
Charles w. Coulter VS.. Julia A. Tresslar
ct al. suit on note. Superior Court, Room 2
Arthur G. Fosdyke VS.. Daniel w. Hoss eft
al; suit on note. Superior Court, Room g.
Frank c. Bonsur VS.. Effie Bonsur; suit for
divorce. Superior Court, Room 2.
Sarah l.. Hill VS.. Elnos c. Hill; divorce.
Superior Court, Room g.
The Mutual Home and Savings Associa-
ton VS.. James M. zimmerman ct al; suit to
foreclose mortgage Superior Court, Room g.
Horace +. Smith, trustee, VS.. Thomas w.
Neurman ct al. suit to forecloSe mortgage.
Superior Court Room 2.
Alexander r. McMurtry VS.. Franklin
Landers; suit on notes. Superior Court,
Room /.