The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-18

this appeal arc decided upon the authority
of NO 2299, decided last term of court,
Wherein the same questions were presented
TO the court.
2O49. Lauter VS.. Duckworth. Marion S.
G. Affirmed Comstock, il. In an action
for damages caused by negligence in con-
structing dry well for the purpose of be-
ing place for the discharge of steam and
fluids from a steam engine when tbs de-
PENDANT is allowed to tell how the we'll was
constructed he is not harmed by not being
allowed TO tell his experience as to the use
OF dry wells in connection with his bust
ness. z In such an action 1t is also proper
upon cross-examination of a witness for the
plaintiff to ask him after he has testified
to material facts in behalf of the defense If,
when plaintiff and his attorney sought in
formation from him, he refused to talk to
them. 3. 1t is not error to allow plaintiff
coming in steam pipes at the joints under
ground when there was evidence to show
that the pipes were stopped at the place
they should discharge their fluid into the
well. 4. Where small quantity of hard
water passed through a boiler it is sufficient
to render competent question as TO the
effect of hard water upon the pipes etc, 5.
If the bearing of proposed testimony is re-
mote and inferential its relevancy must be
suggested. 6. Where the damages assessed
by the jury are not so great in the light of
the evidence as to show that the jury acted
by prejudice. partiality or corruption, this
court will not reverse the Judgment for
the excessiveness of the damages. Z. Where
an appliance is used for a particular pur-
pose it is as if 1t was constructed for such
purpose s. 1T is proper for the court 10
refuse interrogatories when the answer
will be an evidentiary fact. o. 1t is proper
to refuse to submit to the jury an interro-
gatory which is hypothetical TO- The neg
ligency of a fellow-servant cannot excuse
the employer from his duty to provide a
reasonably safe place for his employees and
to remedy such defects as may be discov-
cred by proper inspection.
Superior Court.
Room 2-Lawson M. Harvey, Judge
Indianapolis Paint and Color Company VS.;
Margaret Carey; mechanics lien. Dismissed
and costs paid.
Ernest Wallis VS.. Commercial Travellers
Mutual Accident Association; damages. Dis
missed and costs paid.
Mary Ballard, Administrative. vs. Citi-
zens' Street-railroad Company ct al; dam
ages. On trial by jury.
Room 3--Vinson Carter, Judge.
Frank w. Keller VS.. James II. Myhan;
damages. On trial by jury Second day.
Circuit Court.
Henry Clay Allen, Judge.
State ex rel Mamie Donovan VS.. William
Donovan; fraudulent marriage. Evidence
concluded and jury retire.
Criminal Court.
John f. McCray Judge.
The State of Indiana VS.. John Karle;
burglary and petit larceny. Defendant forty
four years of age. Sentenced to the states
prison for not less than two years nor more
than fourteen years
The State of Indiana VS. John Owens;
petit larceny and receiving stolen goods.
Defendant withdrew his plea of not guilty
to petit larceny. Defendant twenty-six ears
of age Fined $40 and costs and sentenced TO
the workhouse for ten months.
New Suits Filed.
Anna Hitzelberger The jung Brewing
Company ct al; suit to quiet title. Circuit
Court.
August H. Kolker VS.. Alfred d. Weize-
mann: petition to be released from bond.
Circuit Court.
h. Eelding and w. e. Wright, partners, vs..
Frederick O. HOrnshuc ct al; suit on ac-
count Superior Court, Room /.
h. Belding and w. K. Wright, partners, VS..
William w. Smock suit on account. SUI
perior Court. Room :.
Michael Bamberger VS.. City Of Indianapo-
lis; suit for damages. Superior Court,
Room 3.