The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-10-04

TT ALL laAl oCLS 4O4k Aldkt-
dred feet therefrom: that the fireman there
upon notified the engineer, who could have
stopped the train by reversing the engine.
but that the engineer failed to stop the
train or to check its speed, and continued
TO run Ii at the rate of eighty miles an
nour until 1t struck and injured plaintiff, is
negligence only. 2. When a person about to
cross a railroad is free from negligence and
not have been injured had the trainmen
given the proper warning, the proximate
cause of the injury Is the failure to give
such warning. 8. An instruction to a jury
should state a proposition Of law and not a
fact. 4. When the law of a case is once
fully and fairly stated by the court mere
repetitions in different language of princi-
pals already announced are more likely to
confuse a jury than to aid Ii, and unless it
is clear that an instruction offered is ap-
pilcable to the facts of the case and essen
tial to the proper understanding of the
rights or the party rendering ii, ii is not
error in the trial court to refuse to give It.
Affirmed conditionally. Jordan, c, i'll. In
an action by creditors in a court OF equity
assaiiing a fraudulent transfer of property
the court may, by its decree. direct that the
property be sold upon an order of sale in
stead of an execution. 2. When property is
to be sold upon a Judgment for fraudulent
conveyance OF real estate, under Section 755,
Burns X. s. 1894, the sale is without APP
praisement. 3. On a breach OF covenants OF
warranty in a conveyance of real estate,
where there is an entire failure of title,
the whole purchase money, with interest
thereon, is the measure of damages. but
%nere there Is but a partial eviction by rea-
or the premises conveyed, as a general rule
the damages recoverable are the proper
uonate part OF the purchase price with in
terest.
1888. Lennon VS.. Osborn. Fountain c.. c.
Afnrmed. Monks, il. Judgments by agree
ment in an action to foreclose mechanics
hens against real estate are as conclusive
as II rendered upon a trial of the cause. 2.
In Section 7S2, Burns r. S., 1894. the word
ta o%h rsdss means any owner OF the real es.
TO the payment of the judgment upon which
II was sold. without. regard to whether he
is the judgment debtor or claims under
him or not. 3. Where a person acquired title
to real estate, after mechanics liens were
placed thereon. the title so acquired may be
redeemed by the holder thereof as owner
after a sale or foreclosure of the mechan-
les liens, and be subject TO resale under
the provisions of Section 7S2. Burns r. s.,
1854. Wabash Railroad Company va
Kelly. De Kalb c. c. Petition for rehear-
ing overruled. Baker J.-Where it is sought
to charge d railroad company with notice of
the fitness of its surgeon in one of its hos
pitals the testimony of a former patient in
the hospital as to the surgeons treatment
of him Is competent.
1868. c.. & E. I. Railroad Company VS..
State. ex rel. Ketcham. Marion c. c. Petit
uon Tor rehearing overruled.
1858. johnson VS.. Fisse. Ripley c. c..
Dismissed.
1909. Taylor VS., indianapolis. ETC.. Co.
~ os ~ DiSAiiiSSCu
1886. State ex rel. overly VS.. Board OF
commissioners Knox c. c. Motion to re-
instate overruled.
1899. Covert VS.. Bray. vanderburg S.
c. Dismissed as to part of appellants.
1908. Day VS.. Gaming. Delaware c. c.
Motion to Submit sustained.
1889. Hollingsworth VS.. McColly. New
ton c. c. Motion to dismiss postponed.
1901 Case VS.. Nelson. Cass c.. c. Mo-
"I iso4s g. F Foin VS.. pI Wapssn nec' vanderburr G.
l.. transferred to Appellate Court.
c. i9i Moti Ppa nj n dI.m VS. Lee; va1nderburg S.
1904. Board Of Commissioners VS.. Beaver.
Whitley c. c. Certiorari granted.
Appellate Court.
$3.50. Scale VS.. State ex rel. Kight.. vigo
person was appointed guardian of a minor
aha received from the Pension Department
a sum of money due his ward as a pension.
twenty-one years the latter demanded pay
ment OF the balance remaining in the hands
or the guardian, and brought an action to
recover the anne and since the trial and
appeal taken the Pension Department has
set aside the realtors title to the money.
this court will not affirm the judgment in
favor OF the %relator, but will reverse the
judgment and order a new trial.
1886. Wabash Railroad Company VS.. Gre
gan. Carroll c. c. Reversed. Black, j.
No pecuniary loss can be implied from the
mere fact that those for whom the per-
sonal representative of the deceased seeks
damages are older brothers of the deceased,
who. being under no legal obligation to con,
tribute to their support, and had not done
SO; there being no fact forming a basis for
a reasonable expectation of pecuniary or
life.
1875, Lybrook VS.. Lybrook. Howard C. c.
$685.. Coal Company VS.. Ridgely. Gibson
c. c. Dismissed.
Superior Court.
Room FLAMES NJ. feathers, Judge.
Jennie Butler vs.. Singer Manufacturing
company; appeal from Justice Of the Peace
Clark's court. Submitted to court. Finding
and judgment against plaintiff for costs.
Circuit Court.
Henry Clay Allen. Judge.
Marion Trust Company, guardian. vs..
complainant the sum of - on notes
set out in cross-complaint, and that cross
complainant, upon aymen of said sum,
deliver TO the plaintiff the several notes
held by it as collateral, and that costs be
paid out of estate by plaintiff.
Duncan r. McMartin VS.; oliver T., Nor;
tons Estate. Finding for claimant. Allowed
by court for SCI and costs against estate.
Rogers & Diamond VS.. Oliver 7. Morton's
Estate. Finding for claimant. Allowed for
1925 and costs against estate.
A b. Russ & Co. vs. Oliver T. Morton's
Estate. Finding for claimant. Allowed foI
$3.50 and costs against estate as preferred
Ross Martin. NJ. D.. VS.. Oliver T. Morton's
Estate. Finding for plaintiff. Allowed fol-
SlZJ ana COSTS against estate, OF winch
william T. BeIfield VS.. oliver T. Morton's
Estate. Finding for plaintiff. Allowed fol-
S123 and costs against estate; preferred; last
sickness.
A. C. McClung & Co. VS.. Oliver T. Nor
tons Estate. Finding for AL
lowed for s17S.74 and costs against estate.
Spaulding & Co. VS.. Oliver T. Morton,
Estate. Finding for m Allowed FOL
s. and costs against estate.
Ross n. Martin VS.. Oliver T. MortOn's Els
tate. Finding for defendant. Judgmen,
against claimant for costs.
Great Northern Barber Shop VS.. Oliver T
M%orton's Estate. Submitted to court. Ev
idence heard. Finding for AL
lowed for 81 and costs against estate.
Synnberg Photogravure Company VS.. OH
yer T. Morton's Estate Fincing for claim
ant. Allowed for SIS and COSTS against es
tate.
John Stevenson VS.. oliver T. Morton's Es
tate. Finding for claimant. Allowed fol
SO and costs against estate !.
A. L. Rutherford VS.. Oliver T.. Morton:
Estate. Finding for lima Allowed fol
sl0.S5 and costs against estate: preferred
last sickness.
Lexington Cigar Company VS.. Oliver T
Morton's Estate. Finding for claimant
Allowed for SIG. 10 and costs against estate
Metropole Hotel VS.. Oliver T.. Morton
Estate. Finding for claimant. Allowed 10
S374.64 and costs against estate. OF which
S265. SO preferred; last sickness
A. ]. Treat & Son VS.. Oliver l.. Morton
Estate. Finding for claimant. Allowed 70
s167.63 and costs against estate.
New Suits Filed.
Frank Chastain VS.. Ada Newly Wylie e
al. mechanics lien. Circuit Court.