The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-04-03
Appellate Court.
QUARANTINE -EXPENSE-LIABILITY
OF COUNTY.

QUARANTINE -EKPENSE-LIABlLlI1
OF COUNTY.
1884. Jay, c. C Board OF Commi7si0ners
county is not liable for any act done by
the board of commissioners which is not
explessly or implicitly authorized by
statute. .. A county is only liable on ac-
count of a quarantine declared by it's board
of health for such expenses as are properly
prevention of the spread Of the disease. 3.
Expenses for such medical attendance.
nursing. food and clothing IN such a case as
would have had to be provided In case no
quarantine had been declared should not
be paid by the county unless the sick per-
sons are treated as poor persons; 4. A hnd-
ing which sets out the facts, but is not.
technically. a special finding. may still be
considered in support of the contention
that Il new trial should be granted because
the recovery is too large.
SPECIAL VERDICT DAMAGES GEN
ERAL ASSESSMENT.
20S5. Marion S. G. Hatfield VS.. Pain ct
al. Affirmed. Robinson. J.-Where the
answers 10 particular heterogeneous in a
special verdict enumerate items of damage
which. taken together, DO not equal the
amount named in a general assessment or
special verdict the plaintiff cannot complain
of the action of the court IN rendering
judgment for the sum named in the general
RAILROAD Observation-Disclosures
GENCE.
2O97. Pulaski c. C. Chicago & r. r.. +.
Co. VS.. Bailey. Reversed. Henley. j..
Comstock. c.. j.. concurs in result. Where
combustible material 10 accumulate on its
right of way. sets fire to ii and negligenty
Rermi5 and 5h burn nre u TO the 5e' ppr6berty of another
who is without fault. the company is liable,
without regard to the condition of its en-
gines. the manner of operating them. or
other circumstance of negligence or care IN
setting the fire. 2. Whether or not a rail-
road company was Negligent IN a given case
- g..r.-- j.. raponxra NnrnhuSfihlO material
from its right of way is a question or fact
for the Jury under the particular circum-
stances Of that case ca anh .. a s sgerv m st !
fact which was proven at the trial, ana
every issue not supported by the facts
found must be determined against the party
who is bound TO prove it TO make out his
case. 4. Unless the facts round estapilsh
the plaintiffs freedom from negligence in
actions of this class the defendant must
Superior Court. - ~
Room John l.. McMaster. Judge.
John Enenberger vs.. William j. Geisel
for plaintiff against defendant Geisel for
$1,497.16.
Room 2-Lawson NJ. Harvey, Judge.
Joseph S. Study VS.. Isaac S. Martin; fore
closure. Dismissed and costs paid; uroaa
James Hap vs.. Cltlzens Street-rallrodu
Company; damages. Jury out.
Room 3-vinson Carter, Judge.
Mary F. Previtt VS.. Esther j. Hahn; con-
tract. On trial by jury.
Jane Sanders ct al. vs.. Indianapolis and
Broad Ripple Transit Company ct al; con.
tract. Finding and Judgment for plalntlf1
against defendant for Si21.4 and costs.
Circuit Court.
Henry Clay Allen, Judge.
Herman Rosenberg VS.. Hattie A. Ryder
ct al: submitted to court. Evidence hearu'
Finding for plaintiff and judgment VS.;
Hattie A. Ryder for 1854. As. with relief, and
finding in favor of o NJ. Ryder.
Tu1i1S InnDn6pr ct al. NS. Hattie n.
Ryder ct al: submitted to court; Evidence
heard. Finding for plaintiff and Judgmeh
VS.. Hattie A. Ryder for $4,000 ana costs,
and finding for defendant. Joseph M. ryder.
John w. Zarfas VS.. Hattie A. Ryder ct
al: submitted 10 court. Evidence heard.
Finding for plaintiff and Judgment against
defendant for $156.l1. with relief and costs.
New Suits Filed.
Indiana Home and Savings Association VS..
Francis A. Newly ct al; foreclosure.
Room ,.
Consolidated Coal and Lime Company vs..
Hiram II. Fletcher ct al; on bond. Room 8
William II. English vs.. Henry Nj. Talbot
ct al; on contract Room 3.
William III. Hendricks VS.. Horatio ;. Gar
ner ct al: damages. Room l.
Edward l.. McManama ct al. vs.. George
Siegmond ct al; TO quiet title. Room :.
Indiana Home and Savings Association
VS.. Walter f.. Newly ct al; foreclosure.
Room 3.
STANDARD Dry Kiln Company VS.. Stewart
& Butts; account. Room L
Frank Evans Us. Robert Duncan; napeas
corpus. Room ?.
Rebecca Raugh VS.. Ida b. Laxen; on
note. Room /.
Thomas Shannon VS.. CharleS r. SchIhoei
indiana Home and Savings Association
VS.. Mary A. Schooley ct al; foreclosure,
Room 3.