The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-06-16
THE COURT RECORD.
Supreme Court.

1858. sievers VS. Box and Lumber Conn
pany. Allen c. G. Affirmed. Monks. il.
Where a corporation had employed COM
petent mechanic to construct a reasonably
safe elevator, for building. which elevator
was to be used for freight only, and could
be 50 known and determined by observation,
and the absence of safety appliances from
the elevator could have been discovered
with reasonable care by one entering upon
said elevator, such corporation is not liable
for an injury received by person knowing
such facts and entering upon the elevator
to be carried to an upper floor without in
Yitation from or knowledge on the part of
any officer agent of the corporation, but
at the invitation of a coemploye, solely for
his own convenience and pleasure in the alb
sence Of any negligence on the part of the
corporation or its authorized agent. 2 1t is
only where the answers to 1pterrogatorleS
are absolutely irreconcilable with the gem
eral verdict that the court is authorized to
sustain Judgment on such answers. not
withStanding the general verdict. 3. 1t is
only when the answers to interrogatories
are so inconsistent with the general YER
dict that judgment should be rendered
thereon Notwithstanding the general ver-
dict, that it is proper to assign as a cause
for new trial that the answers to such in
terrogatories are not sustained by the evil
dence, or that they are contrary to law 4.
Unless objections to evidence are specific
they are insufficient 8. When a person is
injured by a piece of machinery ard sues
the owner for damages it is proper for the
defendant to prove the manner Of construc-
ton of the machinery and how 1t was and
could be operated before and at the time
of the accident and where there has been
no changes made since the injury proof of
operation since the injury.
1912. Board of Regents VS.. Daley. Marion
G. G. Affirmed. Howard, il. Where money
is appropriated by the Legislature for
public purpose no money should be drawn
from the public treasury except as express
ly provided for in the act making the APP
preparation. 2. The groups of war and peace
and reliefs to be put in the soldiers and
sailors monument are an essential to its
completion. also the pumps and engines
which supply the fountains, and should be
paid out of the monument fund and not out
of the general fund in the state treasury
Appellate Court.
25s3. Clark Civil Township VS.. Peoples
Bank. Perry c. c. Affirmed. Henley, c. j.
upon the authority Township VS.. Grossius,
No. 2531. decided at this term of court.
firmed. Wiley, il When a demurrer is
sustained to pleading, and the same facts
are, proveables under another paragraph,
garded as harmless. 2. Reasons assigned for
new trials must be such as are recognized
as causes therefor.
$780, Capital City Dairy COMPANY VS.
Plummer. Marion S. c. Petition for rehear-
ing overruled.
2103. Brewing Company VS.. Ball. WarTick
c. C. Certiorari granted
Superior Court.
Room John l.. McMaster, Judge
Indiana Bond Company VS.. Sarah Kelley
ct al; improvement lien. Dismissed and
costs paid.
Standard Saving and Loan Association vs..
Lemon III. Trotter ct al; foreclosure. Dis
missed and costs paid.
Granville Z. Allison VS.. James H Cole:
appeal from Clark, justice of peace.
Room 2-Lawson NJ Harvey, Judge
Hiram Julien Maria j. julien; divorce
Decree granted plaintiff.
Augusta Cordes VS.. Louisa Treeters: to
quiet title. On trial by court.
Room 3-Vinson Carter, Judge.
Vesta NJ. Hood VS.. City of indianapolis:
damages. Dismissed by plaintiff at plain
tiff's cost.
Frank V. Felt VS. Marcellus Dawson; con-
tract Dismissed by plaintiff at his costs.
Elizabeth Patton VS.. Charles Patton; d.
vorce. Dismissed by plaintiff at her costs
Herman Lauter vs. Frank A Maus; &C
count. Dismissed by plaintiff at his cost.
Nancy E. Huntington VS.. Simon Smack eft
AL; to quiet title Title quoted in PLAINTIFF
at his cost.
Eliza J. Jones VS.. Frank B. Hunt: ac-
count. Finding and judgment VS.. defendant
VIM. A. Hamilton Lillian E. Lane:
mechanics lien. Dismissed and costs paid
VIII Roth VS.. Ed Lane; account Dis
missed and costs paid.
Circuit Court.
Henry Clay Allea, Judge.
John Mccullough natura lied
Henry Shots ct al. VS.. Matilda Bartlett
ct al; partition. Dismissed by plaintiff.
Judgment VS.. plaintiff for costs.
Criminal Court.
j. F. Mccray. Judge
Geo. w. Matlock; boring gas mixer. Plea
not guilty. Evidence heard, cause submitted
taken under Amusement.
Percy Sutton; drawing deadly weapon
raIgned; plea not guilty.
Robert Finn; assault ard battery to rane.
Defendant arraignee; plea Of not guilty.