The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-03-09
THE COURT RECORD
supreme Court.

Hfmed. Downing, ii In an action for
damages caused by breach of an executory
contract for employment the complaint
states cause Of action when Ii shows
contract between the parties. total breach
by the wrongful discharge of plaintif,
readiness and willingness of plaintiff 10 con
tnue in such employment, the amount plain
TN would have realized had the contract
been kept, prayer for damages and de-
mand therefor. 3 The remedy of a servant
discharged without sufficient before
the expiration of the period of service stip-
ulated Tor Is not in aSSumpSlt as FOR Implied
services or for wages, but is for damages
for the breach of the contract; and the
measure OF damages is an amount equal to
the stipulated wages for the whole period
covered by the contract, less the sum earned.
and which probably can by reasonable dill
gence be earned during the time covered by
the breach. Ii is not necessary for such
person 10 allege in his complaint that since
his discharge he has been unable 10 obtain
employment and has earned nothing. 3. If
an employer has rules and regulations for
conducting his business and which serv-
ant Is required TO observe ii is the en-
ployers duty to make them known TO the
servant. If the servant has no notice If
such rules and regulations ne cannot be eX-
pected to conform his conduct to them. 4. A
master has no right to discharge servant
for trivial and unimportant acts of DISC
bedience or negligence. D. When servant
Is discharged before the expiration or mis-
term he may bring an action at once Tor
breach OF the contract. and he may recover
his full damages TO the end of his term.
6. All of the instructions given in cause
are to be construed with reference TO each
other. and the entire charge is TO be taken
as a whole.
1886. Anderson VS.. Johnson. Laporte c.
G. Reversed. Monks. c. il. Instructions
should not conflict with each OTTER. 2. Where
proposed highway crosses railroad right
Of way, unless the petition asks Tor an un-
decreasing and the order establishing the
highway provides therefor, the crossing Is
at grade.
/, Appellate Court.
2647. City of New Albany vs. Armstrong.
I'll A - Sad - H.
plant sustained upon authority Appellant
VS.. Slider (see 81 y. h. Rep) 2 Improper
averments IN a complaint VIII not ren ,.fs
cient in law. 3. In an action to recover
for damages to property the evidence must
damages are claimed 4. plaintiff cannot
recover beyond the allegations OF his COM
plant. ). In an action for damages Tor IN
jurieS to property the evidence should snow
the rental value before and during the eX-
istence of the nuisance upon which the ac-
ton is based
26S2. Shoup VS.. Snepp. Pulaski c. c. Re
versed. Black, G. J.-Where note had been
fled as claim against decedents estate
and th and the OF no 5he br0gh sa
gainst the other makers of the note Tor the
balance. and pending the suit and before the
trial the payee received all that was due on
the note with the exceptions or stipulated
attorneys fees held that he was entitled TO
recover attorneys fees.
274O Taper VS.. New Home, etc, Com
pany. Lake C. c. Affirmed. Comstock, j.
i. In an action 10 enforce a guaranty
bond it is not necessary 10 aIiege an ac-
Upon the application of payments upon an
open running account where debts and
be considered in the absence OF
evidence to the contrary, as a
general application of the credits
to the debts in the order of time in which
the debts occur, and the same rule applies
where part of the account is covered by a
23e5 Town of Sullivan VS.. Cluggage. Sui
livan c. c. Petition for rehearing over
ruled. ,,ss.
Marion G. G. Rehearing granted:
Company Upton c. c Petition for rehear
$40 l.. r. & w. Railroad Company VS..
Maus. Decatur c. c. Petition for rehearing
overruled
tition for rehearing overruled - ,,..,..o,,
2S74 Case VS.. Nelson. Cass c; C. Petition
to reinstate appeal refused and leave grant
ed TO withdraw record.
Superior Court.
Room John l.. McMaster. Judge.
Michael O'Connor VS.. Jessie ID. Lewis re-
cever. Dismissed and costs paid.
Edward Humphrey VS.. King Upton; me-
chanic's lien. Finding and decree Tor PLAIN
tiff VS. defendant National Glue Company,
for S125 and costs.
Nettie Harriet VS.. Herbert Harriet; di-
vorce. Finding for defendant. Judgment vs..
plaintiff for costs.
Pabst Brewing Company VS.. Sophia Eel
ger ct al; note and account. On trial Dy
court.
Room flames NJ feathers, Judge.
Philin Polaskv VS.. Samuel Marks ct al. /:
foreclosure OF mortgage. Plaintiff dismisses
as TO all defendants, except SaInuei anu
Hannah Marks submitted to court ana S
Samuel Marks for s591.4S.
Minerva A Foley VS.. John Foley; divorce.
Evidence concluded and decree granted
Y,fa defendant
Fred Elf, trustee, VS.; Clemens H. Thomas
ct al; foreclosure and receiver. Evidence
heard. Submitted TO court.
j. G.. Fisk VS.. Glenn Il. Burk; account.
Finding and judgment VS.. defendant for $40
end costs
Room S-Vinson Carter, Judge
City of indianapolis VS.. Consumers Gas
Trust Company; injunction. Finding for de-
PENDANT. Judgment that plaintin take noth-
ing by its complaint. Judgment VS.. defend
ant for costs
Trustees of Germania Lodge. No. 129. |. o.
O. F.. VS. Mary j. Cloud ct al. foreclosure.
Finding and judgment vs.. Mary j. and Hen
~ f. Cloud for S607 "a and costs.
Adolph Coll VS.. Eureka Savings and Loan
Association: receiver. William ii. Stringer
appointed receiver
Harry y. Lakewood VS.. James Anderson
eft al. account on trial by jury.
Circuit Court.
Henry Clay Allen. Judge.
r. \. Wells VS.. John Streight ct al; dam
ages for breach of contract. Submitted 10
court and evidence heard.
New Suits Filed.
Indiana Bond Company vs.. Arthur A.
Whitesell et al. Improvement lien. Superior
Court. Room ?.
Horace Price VS.. Amelia Price; suit for
divorce Superior Court. Room ,
Indiana Bond Company vs.. Frederick \.
Joss; Improvement lien. Superior Court,
Room /.
Mason McFerren VS.. the Cerealine Manu-
featuring Company; damages. Circuit Court.
Caroline Lee vs.. William Miller ct al; suit
for services. Circuit Court.
Barbara y. Green vs.. John w. Green IT
al; suit for support. Superior Court,
Room ..