The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-11-02

the repairs to be made is the trustee of the
township in which the allotment is located.
1887. Citizens Street Railroad Company
VS. Reed Marion S. c. Reversed Hack
ney, G.. il. In action by an administers
triX for damages from the death of ner de-
cedent caused by the negligence of the de-
PENDANT, the burden rests upon the plaintiff
to prove by a preponderance of the evidence
the alleged negligence of the defendant
and that the decedent was free from con-
trlbutory negligence, and to sustain such
burden the special verdict should find facts
enforcing the legal inference of negligence
on the one side and freedom from negli-
turn the primary facts upon evenly hall
anced evidence where the burden of estab-
fishing the ultimate fact rests upon the
party in whose favor the primary facts ere
returned.
1893 Smith VS. Board of Commissioners.
Huntington {. G. Affirmed. Jordan, j.
of Kline VS. Board Of Commissioners.
Appellate Court.
1863. Micks VS.. Stevenson. Ellxhart c. G..
Affirmed: Henley. G. i'll. 1t is only where
a material averment is entirely omitted
from complaint that this court will hold a
complaint bad when attacked for the hrst
time upon appeal 2. Reasons for a new
trial are waived when not discussed.
versed. Wiley, il. Where a. member or
board of school trustees protested in writ
ing to the other members thereof against
the employment of certain teacher such
communication was one of qualified PRIV
ilege; and in order for the person against
whom the protest was made to recover IN
an action for libel against such trustee 1t
must be shown that the publication was
malicious and without probable cause. 2.
When a publication complained of is not
libelouS per Sc, the plaintiff must prove
malice. In such case there is no presump-
ton of malice and a. recovery cannot be
had unless malice is proven.
Superior Court.
Room II. L. McMaster, Judge.
liams ct al. Argument before court
Room 2-Lawson M. Havey Judge.
Terre Haute Brewing Company VS.. Chas.
w. Jackson; replevin. Finding for plaintiff
as to possession of property and also for
81 and costs.
Room S-Vinson Carter, Judge,
Albert Z. Soult VS.. German Orphan As
ISOLATION; habeas corpus. Finding for de-
PENDANT; ordered that child remain in care
and custody of defendant. Judgment against
Dwight Fraser ct al. VS.. Richard Leggo
eli al; note. Finding and judgment against
defendant for 81, 6S6.60 and costs.
Circuit Court.
Henry M. Allen, Judge.
Lillian Kelly VS.. John Morrison's estate
By agreement of parties judgment against
estate for $50 and costs, except plaintiff
witness fees.
New Suits Filed.
Louise Raschig VS.. Sallie E. Allen ct al.
suit to foreclose mortgage. Superior Court,
Room l.
Plymouth Saving and Loan Association
No. VS.. William E. Durant ct al; mort
gage. Superior Court, Room g.
Harvey +. Keller VS.. Adella Keller; COM
plant for divorce. Circuit Court.
Joseph E. Weiman VS.. George Rosenberg;
receiver. Circuit Court
Massachusetts Mutual Life Insurance
Company VS.. Peter G. Weyenberg ct al;
mortgage. Superior Court, Room 8.
Anheuser-Busch Brewing Association VS..
Casper G. Hedderich; suit on note. Su-
perior Court Room /.
Eliza Hackney VS. Jacob Crone ct al.
damages. Circuit Court.
Charles F. Smith, administrator, VS.. c.,
c., c. & st. L. Railway Company; damages.
Superior Court, Room /.