The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-04-06
THE COURT RECORD.
Supreme Court.

1856. Island Coal Company VS.. Combs
Daviess Z. {: Affirmed. Jordan, il. By
virtue of Section 1870 X. S. 1881. the owner of
real estate, in or out of possession, may
maintain an action 20 quiet his title thereto.
2 In the leases of mineral lands, for the
purposes of mining coal, where the lessee
agrees to pay to the lessor q royalty or
rent, which depends on the amount of coal
mined the lessee thereby, in the absence
of any provision to the contrary. implicitly
obligates himself to begin the development
of the coal and the mining thereof within
a reasonable time after the execution of
the lease. AS to what may be regarded as
a reasonable time depends upon the circum-
stances OF each particular case. 8. Where
the rent TO be paid to the lessor is a royalty
measured by so much per ton on the prod
uct mined IL IS not within the discretion
of the lessee TO fail to develop and operate
the mines upon the leased premises for an
indefinite or unreasonable time. 4. Where
lease provides that the lessons. their heirs
dition in the lease on the part OF the lessee,
may, without demand. notice or act, re-
enter the premises such provision is an ex-
rress, waiver. upon the part of the lessee.
1882 Wabash Railroad Company VS. Ray.
Whitley G. c. Petition for rehearing over
1888. Smith VS.. Board of Commissioners.
Huntington c. C. Petition for rehearing
overruled.
Appellate Court.
272S. Pierce. receiver. VS.. Jones. Upton c.
c. Affirmed. Black, c. il. When per-
son. who was injured at a railway crossing
Of train of cars. seeks judgment for her
injuries it is necessary that she establish
10 the satisfaction OF the jury that there
was no want of ordinary care on her part
which. by its cooperation with the defend
ants negligence, proXimately caused her in
jury. 1t is sufficient If il appear that plain
tiff observed and exercised the care and
diligence which was reasonably to be eX-
pected of an ordinarily prudent person I'M
der the particular circumstances: Where
signals told the director of funeral that
the procession should cross the tracks 1t
was an affirmative assurance OF safety on
the part of the employee of the road, with
intent TO create confidence and induce action
on the part of those attempting To cross the
2764 Light and Water Company VS.. Steph-
enson. Wells c. q. Affirmed. Comstock,
il In an action TO foreclose a mechanic =
lien where the complaint AYERS contract
TO do certain things, and that the contract
had been performed, a bill of particulars IS
1894. was designed TO protect persons per-
forming labor and furnishing materials for
structures on leased premises
Superior Court.
Room FLAMES NJ. feathers. Judge.
Raymond Hamer VS.. the Citizens Street
railroad Company; damages. On trial by
Room 3-vinson Carter, Judge.
jeremiah Kelleher US. Henry A. Mans
field contract DISMISSED and costs :, p paid.
lee: divorce. Dismissed by plaintiff at her
cost.
Lorenz Schmidt. trustee VS.. Leonie Will
helm ct al; foreclosure. Dismissed and
costs paid
Circuit Court.
Henry Clay Allen. Judge.
Charles NJ. Hopgood VS.. George r. Kreit-
lein ct al: replevin. Dismissed and costs
paid.
State ex rel. Frank Mcdonald VS.. Charles
A. Clark: from justice OF the peace for writ
OF prohibition. Dismissed by plaintiff.
Judgment against plaintiff for costs.
Mary +. keyser VS.. John G.. Morrison: