The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-11-23

all. upon such theory. q Where there Is
an irreconcilable conflict between the gem
eral and special verdicts returned by the
jury. the special verdict will control the
3. An employee working with ma
chinery in daylight and all the parts of the
machinery Is open and obvious to him, he Is
bound 10 know the danger incident TO as
Stunning certain positions in connection with
the machinery, when he does not attempt to
perform his task in the ordinarily safest
manner. 4. An employer has the right to
presume that his employe will exercise some
degree of care to avoid injury. and that he
Will not place himself in a dangerous posi-
10 occupy D. Where danger is alike open
TO the observation of both, the master and
the servant, they are on an equality, and the
master is not liable for any injury TO the
servant resulting from the dangers of the
business in which he is engaged.
2S42. Plate Glass Company VS.. Clein. Tip
ton c.. c. Reversed per curiam. Reversed
upon the authority of Diamond Plate Glass
Company VS.. Curless. 50 n. Z. 7S2, and APP
of court.
2sr. Plate Glass Company VS.. Clein. Tip
ton c. c. Reversed per curtain. Reversed
2606. Plate Glass Company VS.. Hancock.
Upton c. G. Reversed per curiam. Re-
versed on same authority.
Upton c.. c. Reversed per curtain. Re-
'e asSe upon same authority.
Upton {. c. Reversed per curtain. Re
Nersed upon same authority.
2eOi. Plate Glass Company VS.. Covalt. Tip
ton {. Z. Reversed per curiam. Reversed
1903, Plate Glass Company VS.. Ware. Tip
ton Z. G. Reversed per curiam. Reversed
on same authority.
ISIS. Board of Commissioners VS.. Board
or commissioners. Clinton G. C. Reversed.
Comstock, c. il Where the venue of a
criminal cause Las been changed to another
county ana the court appoints attorneys to
defend the defendants as a poor person. ii is
PROPER for the court which tries the case
TO determine the value of the services rem
dered by the attorneys and make an allow
ance for the same, but the amount as fixed
is not conclusive against the county from
which the venue was taken, nor is such al
neys against such county, but merely prima
1acle evidence OF the correctness of the
amount allowed. And such claim can only
Board of Commissioners as required by
statute. 2 Where a county voluntarily
pays out money on an allowance made by
the court which should come from the coun-
~ from which the cause was venued, the
county making such payment cannot in an
action at law compel the other county to
@942. Duckwall VS.. Jones. Delaware c. G.
transferred to Supreme Court.
Superior Court.
Room John L. McMaster, Judge.
Augustus Sample VS.. oliver Bradford;
damages. Dismissed and costs paid.
Nancy Reed VS.. City Street-railroad Com
pany; damages. jury out.
Room FLAMES NJ. feathers, Judge.
May Z. Smith VS.. Gustavus Efroymson e,
al; damages. Evidence and argument part
ly heard.
John n. Harcourt VS.. Union Mutual Build
ing and Loan Association; foreclosure. Dis
missed and costs paid.
Room 3-Vinson Carter, Judge.
John w. Perham VS.. Eva A. Perham: df.
Vorce. Taken under advisement.
ALBERT irwin VS.. Samuel Hensley; appeal
FINDING for defendant; judgment against
plaintiff for costs.
Henry Leonard VS.. Charles J. Truemper
contempt proceedings. Finding for plaintif
for $50 and costs; defendant fined $50 ad.
ditional for contempt.
Amella ManSur VS.. Conrad Jennings ct al.
foreclosure. Finding due plaintiff 81, S42. 90
decree of foreclosure.
Charles Osgood VS.. Samuel j. Potts ct al.
lien. On trial by court.
Circuit Court.
Henry Clay Allen, Judge.
Jerome d. Coffman VS.. c., c., G. & st. L
railway Company; damages. Submitted tc
, jury: evidence heard in part.
-Cltizens' National Bank of Greensburg VS.
Charles b. Clancy ct al; or note. Dismissed
by plaintiff; costs paid.
Fannie Shields VS.. William Ward ct al.
to declare deed a mortgage. Venue Changed
and cause sent 10 Hancock county: tWent,
days TO perfect change.
New Suits Filed.
The Indiana Trust Company, trustee. vs.
LOUIS ct al; foreclosure. superior
| Court. Room 1.
Minnie B. Young VS.. Edward K. Young
divorce. Superior Court, Room /.
| Elizabeth A. Willis VS.. Charles w. Willis
divorce. Superior Court, Room 2.