The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-26

A telegraph company was held liable for
western Union Telegraph Company (Minn.)
43 L. r. A, 5S1, for the malicious transmits
sion by its station agent of a Nbelous mes
sage.
A. private bank is held in Du Quoin VS..
Kelly CID AZ l.. r A, GA. not to be a reg
ularly organized bank within the meaning
of the Illinois statute authorizing the de-
posit of municipal funds in regularly organ
lied banks.
For the death of a fireman caused by step
ping on a live grounded wire in a public
alley. 1t Is held in Cannon VS.. Laclede Gas
Light Company Mo.) AZ l. r. A, sos, that
the electric company owning the wire is pri-
ma facie liable.
Previous residence in territory annexed to
a city is held in Gibson VS. Wood Ky) 43
the city for the purpose OF computing the
period of residence necessary to make a
person eligible to a city office.
A resolution Of a council making a COM
perfectly performed is held. in Weston VS..
Syracuse IN. ", 43 l.. R. A, CTS, to be sub
ject to attack for fraud and corruption, as
ii is not a legislative act, but part of the
administrative duties Of the council.
A curative act which merely takes away
the privilege of pleading usury on a contract
with a building and loan association is up
held In Iowa Savings and Loan Association
vs.. Heidi Ua.) 43 L. r. A, $50. on the ground
that it does not change the agreement but
only removes a bar to its enforcement.
Poles for electric light wires on a country
highway are held in Palmer VS.. Larchmont
Electric Company On. W 43 L. r. A, 672.
to be a proper use and not an additional
burden on the highway where the town has
granted the right to maintain the wires and
contracted for lighting the streets with the
electric light.
Oil. while 1t remains in stu being regarded
as real estate and as the property of the
owner of the land, although he has made a
lease for oil and gas purposes, II Is held In
Carter vs. Tyler County CIV. va) 43 L. r:
Wells sc cannot he assessed to the lessee as
personal property.
A lot owner who has been compelled to pay
an assessment for a street Improvement
which Is subsequently abandoned OH the part
of the street for which he was assessed is
held, in McConville VS.. st. Pau (Minn.) 43
l.. r. A, 5Si. to have a right of action
against the municipal corporation for the re-
payment of his money.
The right to read medical books to the
jury for the purpose of proving the symp-
ha and c. b.. r. and B. Company Qa.) L
r. A, sSS, although they are admitted TO be
standard books. where they have not been
referred to by witnesses whose testimony
is TO be oontradicted by them.
The duty OF a railroad company to make an
alteration In the grade OF the crossing at its
own expense so as TO conform to a new
VS.. Augusta (Ga.) IS l. r. A, e3S, as it
builds its track on the implied condition
that 1t will yield 10 the reasonable burdens
imposed by the growth and development OF
the community.
A newspaper article published before a
final determination Of a cause stating that
the decision rendered is rotten, that the
Judge had no mind, and intimating that he
was corrupt and had misstated the facts
is held In State VS.. Tugwell CWash.) AZ
l.. X. A, III, TO constitute a contempt of
court. and the fact that the publication was
after the rendition of an opinion and the
termination OF the time for rehearlng was
held immaterial IL there was still time for
an application to modify the opinion, which
was made soon after the publication.