The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-08
THE COURT RECORD.
Supreme Court.


1888. l. & W Railroad Company VS.. Price.
Green c. c. Affirmed. Monks. i'll
Where a railroad company appropriates
land TO its own use II Is liable for aS damages
1881. 2 A right of action for the appropria-
ton OF lands by railroad company Tor us
right of way is in the person who owns ,n me
the right TO recover such damages is
chose in action, and can only be enforced oy
the owner of the lands and passes on Ms
not to his heirs. g. While chooses in action
do not descend to the heir. there are circum-
sue upon and collect chooses in action belong
ing TO his ancestor.
1777s. American Trust, etc. Bank VS. Nc
Gettigan. Marion G. c. Petition Tor re-
hearing overruled.
1857 Burford VS. Bruso. Montgomery c.
c. Transferred to Appellate Court
Appellate Court.
1854 The Northwestern ETC., Association
Comstock c. il. In an action to foreclose
mechanic and material liens where several
different persons join in the complaint as
joinder, but when such an action is brought
and the finding and judgment Is several as
to each plaintiff the defendant is IN nowlse
hitting such joinder. 2. Where a. person
files notice Of his intention TO hold lien
on certain premises with the county record
er. the mere fact that the recorder 1alis 10
record the notice in the proper record does
not defeat the lien.
2S66 C., l. & L Railway Company I VS..
/. In an action for damages caused by a
locomotive setting out fire which destroyed
adjoining property, and the evidence SHOWS
that the fire may have been caused by
sparks from an unknown and unidentified
engine or from several engines, some OF
which are unknown and unidentified. 1t is
competent for the plaintiff to prove that the
defendants locomotives generally, or many
Of them. at or about the time of the OCCUR
renee in issue, threw sparks OF unusual ; SIZE re
the line: but such proof should be connneo
exclusively TO occurrences at or ABOUT the
time OF the fire, with such reasonable lati-
tude as TO render the proof practicable. But
where a particular engine is identined as
the one which caused the fire for which the
action is brought, evidence that the same en-
CINE caused other fires about tie same time
is admissible. and may be considered Dy
the jury as tending to prove the defective
condition or the improper management OF
in issue; and in such case other fres set out
by the engines are collateral matters, ana
evidence thereof cannot be considered by
the jury as tending to show the improper
cons truction or imperfect, condition of such
particular engine or the bad management
thereof and such evidence should not be
given any Influence in the determination of
the jury in such case, and the court should
properly instruct the jury concerning such
s0Je Foster vs. State, ex rel. Huntington
c. c. Affirmed Robinson, il AL the
findings of a jury upon an issue must be con-
reversed when the special verdict shows
sufficient facts to sustain the judgment. 3:
1t is the duty, of a city treasurer, as part
of his public duty, TO turn over 10 his sue
eessor AL moneys belonging to the city. and and
for such money as he failed to turn over
2e5o. Micks VS. Stevenson. Elkhart [. Z.
Petition for rehearing overruled.
2s43 Campbell VS.. Bowen. Clinton c. G.
Rehearirg granted.
Halter. Vanderburg {. c. Motion to dis
miss overruled.
Superior Court.
Room l-John L. McMaster, Judge.
Johanna Tews VS.. August Bertcher: on
note. Dismissed and costs paid o,r..
] Finding and decree for plaintiff. Judgment
| against plaintiff for costs.
| lgnatz Bayer VS.. Frederick Iorenz: ap-
| peal. Plaintiff dismisses. Judgment against
| plaintiff for costs.
Bake & Krauss Company VS.. Henry Sey-
| ton: mechanics lien. plaintiffs dismiss at
| their cost Building and loan association
dismisses cross-complaint at its cost.
Room 3-Vinson Carter. Judge.
Michael Mosely VS.. Anna Mosely; divorce
Plaintiff defaulted. Cause dismissed, Judg-
ment against plaintiff for costs.
Arthur Frazier Ell al. VS.. Jacob d. A.
Hoss ct al; attachment bond. Deiendsnt
! tanned. Judgment against plaintin for
costs.
Garrett w Henricks vs. Ellis T. silvius;
| appeal. Finding for defendant. Judgment
| against plaintiff for costs.
Circuit Court.
Henry Clay Allen. Judge.
| On motion of Frank Hendricks George
| Young was admitted 10 the bar.
State ex rel. Emma F. Scholler VS.. Charles
| Scholier: fraudulent marriage. Defendant
! ordered to pay $3.50 into court.
Garner & co. VS.. Samuel Hanway's
! Estate. Settled and dismissed by agree
| ment at costs of estate.
Criminal Court.
Fremont Afford Judge.
! State VS.. Joseph Kroots; provoke; appeal
! from justice Of the peace. Default of bond
set aside.
State VS.. James Manning; assault and bat
! terry; appeal from justice Of the peace. De-
! PENDANT found not guilty.
New Suits Filed.
Jacob Sherman VS. Daniel II. Tolman Ell