The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-01-11
Appellate Court.


1892 City of Decatur VS. Stoups jaw c.
G. Affirmed. Wiley, il In an action for
damages caused by the negligence of de-
PENDANT, when the plaintiff pleads the facts
specifically and AYERS that the injury
suited without negligence on the part of
plaintiff contributing thereto the complaint
is sufficient. 2. An allegation that plaintiff
was free from fault must yield to and be
controlled by facts, which, when specifically
pleaded, show to the contrary. 3 1t is the
duty of city to keep its streets in a rea-
sonably safe condition for travel and free
from unnecessary and dangerous obstruc-
tions, holes and pitfalls. 4. The law of the
road as provided in Section 50S7, Horner's
X. ;. 1897. relates to highways for the pre-
Vention of their obstruction and has no an
phcatlon to streets in an incorporated city.
.. Under the act of March s, 1897, it is I'M
necessary that the record show atfirmatively
that the long-hand manuscript of the evil
dence was filed in the clerks office before
1t was Incorporated in the bill of exceptions.
1t IS sufficient if it shows that it contains
the original bill of exceptions embracing
the evidence, and that such bill was pre-
scented to and signed by the judge and filed
either in open court or in the clerks office
, 2696 City, of New, Albany vs. Slider.
Floyd c. c. Affirmed Robinson, il A
municipal corporation is liable for forts the
same as individuals when the action is
based upon nuisance. 2. A public nuisance
may become a private nuisance by inflict-
ing upon particular individual some special
or peculiar damage. 3 The exercise of the
power given by the State 10 a city for the
purpose of keeping its streets clean does not
give it the right to create a nuisance T.
Where a person contributes to a nuisance
although his acts alone might not amount
to a nuisance he may be chargeable there
with, although others contributed thereto.
ZoS City of New Albany vs.. Lines. Floyd
{. 9. Petition fer rehearing oVerruled.
1896 Schwartz VS. Persons. Floyd c. c.
Ceruorari granted.
Superior Court.
Room II. L. McMaster, Judge.
Moses Rosenthal VS.. G.. A. Rambo ct al.
On trial by court
NJ
The Red Clay Orchard Company VS.. James
FL. Smith. Evidence concluded. Argument
being heard.
julius NJ. Martin VS.. James McIlvain Of
al foreclosure of improvement lien. Judg-
ment against defendant for SOB rs and costs.
frank PATTERSON VS.. the Citizens Street
plaintiff. Judgment against plaintiff for
costs
Room S-Vinson Carter, Judge.
John Knurr vs.. Citizens Street-rairoad
Company; damages. On trial by jury Evil
dence heard in part and continued on ac-
count of sickness of plaintiffs attorney
Circuit Court.
Henry Clay Allen. Judge.
J. c. Burgan VS.. Frank Bird Transfer
Company. Plaintiff files written dismissal
and cause dismissed accordingly. Judgment
against plaintiff for costs
Kis-Me Gum Company VS.. George r. Wy
song ct al; on account Finding against
George r. Wysong. Judgment against same
for $S5592 and costs Finding for defendant
I4oVetI judgment against plaintiff in favor
of LoVett for his costs.
Pan CONNECTION Company VS.. George r.
Wysong ct al; on account. Finding for
plaintiff. judgment against defendants for
$6lT.6S and costs.
City vs.. Delma Thomas; from City Court:
idling and lettering in public places Plaintiff
files written dismissal of cause Judgment
against plaintiff for costs
Arthur Jordan Company VS.. Ellsworth i.
Clark ct al; on account. Submitted to
court Evidence heard.
New Suits Filed.
Francis A. Smock vs. Mason j. Osgood
ct al. petition Superior Court, Room 3.
Hettie M. Swearenger vs.. John Nj. Swear
enger. divorce. Circuit Court.
George II. Carter ct al. vs.. John hindley
ct al: mechanics lien Superior Court
Room 8
Indiana Society for Savings vs.. Harriet NJ
Wilson Ct al. mortgage. Superior Court,
Room .