The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-01-08
THE COURT RECORD.
Supreme Court.

1916. Peterson VS.. Coal and Coke Com
pany. Sullivan c. c. Affirmed Hackney.
i'm an action against corporation for
damages caused by negligence of the Off
GERS of the company the complaint should
show that plaintiff was ignorant of the
deficiencies of such servants or that he was
ignorant of the fact that such officers or
servants were unfit for the services in which
they were employed and where such an ac-
tion is brought on the. grounds of defec-
tive machinery the complaint must show
that the plaintiff was not aware of the de-
feet and its dangers.
Appellate Court.
2l5I. City of South Bend VS.. Thompson.
IL. The assignment OF errors must contain
the full names of the parties. g Where
there is no Judgment of the lower court
named in the assignment of errors the APP
peal will be dismissed Notwithstanding the
absence of a motion to that effect.
2346. Island Coal Company vs.. Chimmitt
Greene c. c. Affirmed. Black. J.-Where
a mining company allows "a large amount of
refuse from It's mines to be piled up near a
public highway and allows the same to
catch on fire and burn for a period of four
or five years such company is liable for dam
ages caused by frightening a horse driven
the refuse is being maintained being the neg
ligence and the proximate cause of the in
jury.
c. c. Petition for rehearing overruled. Com
stock, J.-Where a complaint is sufficient
to bar another action for the same cause,
and from the record it appears that the
cause was fairly tried and no errors appear
in the record prejudicially affecting the
rights of the appellant the cause will be
$3.50 Helms VS.. State ex rel. Cunningham
Rush c. c. Appellants petition for rehear-
ing.
Superior Court.
Room John L. McMaster, Judge.
Helen Van Laninghan VS.. G.. c., c. &
st. l.. Railway Company. Finding for plain
tiff Judgment VS.. plaintiff for costs.
al foreno nes' N; Md dIs1is r1we ed
Defendant Zimmerman. Finding for plain
tiff VS.: Defendant Martin c. and Emma e.
Powell for $l.11i.30 and costs.
Alex. Caulkins VS.. JnO. s. Pam Plaintiff
dismissed. Judgment VS.. plaintiff for costs.
Gertrude Holloway VS.. Ella O'Leary.
Finding for defendant. Judgment VS.. plain
tiff for costs.
Wilhelm Gehring VS.. Anna Witkoski ct
al: Plaintiff dismissed at his cost.
Wilhelm Gehring VS.. Anna Witkosh ct
al Plaintiff dismissed at his cost
Room 2-Lawson NJ. Harvey, Judge.
Eva l.. Linn VS. Adam Linn; divorce. Dis
missed at cost of plaintiff.
VIM. NJ. Carothers VS. G. O. Patterson ct
al; mechanics lien. Dismissed and costs
Horace e. Smith ttrustee) VS.. Thos. w.
Newman ct al; foreclosure. Dismissed and
Odelia X Karcher VS. Joseph Karcher:
divorce. On trial by court.
Room 3--Vinson Carter, Judge
Cornelius r. Harris VS.. c.. c.. c. & St.
L. Railroad Company: damage. Fourth day
Jury instructed TO return verdict for de-
PENDANT.
New Suits Filed.
The Terre Haute Brewing Company VS..
Gustav c. Wilt; suit in replevin. Superior
Court Room 2
Louis Kamnsky VS.. Indianapolis Chain
and Stamping Company. Superior Court,
Room 3.
Helen Van Laningham VS.. the Cleveland,
Cincinnati, Chicago & ST. Louis Railway;
suit TO remove lien and satisfy record of
mortgage. Superior Court Room /.