The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-05-11
THE COURT


Where the alleged error is that of the court
in refusing to give to the Jury each OF the
g." etc., and for error in giving TO the
jury each Of the instructions given by the
menf is sufficient 20 challenge each instruo-
ton by the set. 2. An empIoye of a -ail-
road company cannot recover from the COM
pany for an injury suffered III the course
of the business In which he IS employed,
from defective machinery Used therein or
from the dangerous conditions or the track
after he has knowledge of such defect or
dangerous condition, or by the exercise CT
ordinary care might nave had knowledge
of such defective or dangerous condition. !.
A party is entitled 10 have the jury m
structed in the law as applicable to all ma
terial questions of fact In yoived in the case
and to have the law applicable theieto
Appellate Court.
2Sso. American Surety Company VS.. Lau-
Der. ST. Joseph c. c. Affirmed. Comstock,
il. A school corporation in taking a
of a school building may lawfully provide in
the bond security for the protection or labor
and material men who assist In the con-
struction Of the building, and In a suit on
such bond by a laborer or material man the
school corporation need not be a party. 2
When a building contract provides that
shown or described in the drawings and
specifications. except upon a written ORDER
of the architects" such contract contem-
work progresses. 3. When a bond is given
to secure the performance OF a written con-
tract the two should be construed togetner.
2sl5. Brown VS.. Sims. Clinton c. c. Re
versed. Black. C. il. One who holds
himself out as a maker of abstracts OF ute
to real estate implicitly undertakes tnat ne
possesses the requisite knowledge and skill
for such employment, and II ne contracts
TO render such service, he Is bound 70 eXero
else ordinary skill and care In making the
same. 2. Where an abstracter or titles is
employed by an owner OF real estate 10
make an abstract of title, and a person
loaning money to the owner and taking a
mortgage on the real estate for security
informs the said abstracter that ne renes
entirely upon the abstract ana If ms the lpaTnd
from incumberance said abstracter Will be
liable to the mortgage for loss caused by a
defect in the title In said rp real es,a xs. Price.
Greene c. C. Transferred to Supreme Court.
2245. Fireman's Fund Insurance company
VS.. Dunn. Delaware Z. Z. feulioh iof ie-
hearing overruled.
29l9. Myers VS.. Binkley. Johnson .. -
Certiorari granted and issued.
Superior Court.
Room John L. McMaster. Judge.
Presley Jennings vs.. the Indianapolis q
Broad Ripple Rapid transit Coinp@nS'
damages. On trial by jury.
Room flames NJ. feathers. Judge.
Fred Cook VS.. the City of Indianapolis;
damages. Jury finds for defendant: 81, j..
TO Guiet title. Defendant defaulted. Finding
for plaintiff. Judgment against plainun for
costs. IT,
ship Society for the Detection of Horse
thieves and Other Felons ct al: false i'm
prisonment. etc. On trial by jury.
Room 3-vlnson Carter, Judge.
william Picken ct al. VS.. Maurice Don
Kate a. Donnahue VS.. City OF inolaP.
apobs: damages. Judgment or verdict
against defendant for 8, 900 and costs,
Joseph Hardin VS.. Herman Lauther' APP
noal Dismissed and costs paid.
William Fortune VS.. Maria Il. Wrlgnt'
damages. Plaintiff dismissed cause. Judg-
ment against defendant for costs. -.
Terre Haute Brewing Company VS.. DAVID
A. Boswell ct al; foreclosure Taken under
Circuit Court.
Henry Clay Allen, Judge.
Foster & Bennett Lumber Company VS..
James NJ. Nelson ct al; mechanic lien.
Evidence concluded and taken under ad-
Emma C. Hazelet VS.. Cyrus ]. Clark; for
possession and . damages. Submitted to
court. Evidence heard.
Criminal Court.
Fremont Afford. Judge.
State VS.. Thomas Thlman; grand larceny.
Plea Of guilty; 81 fine, one year in work.
house.
State VS.. Charles KLEIN; affidavit filed by
Lena KLEIN, charging incorrigibility. -.
State Va. Wheelock IL. Field; afidavit
charging incorrigibiMty filed by Louisa NJ.
New Suits Filed.
BENJAMIN F. Richards VS.. Joshua c.
Standiford ct al; suit on Improvement lien.
Room 3.
futile ct al; suit on judgment. Circuit
Court.
ST. Viateurs College VS.. Mrs. A ~. Zion;
suit ON account. Room 3.
Thomas T. Murray VS.. Standard Wheel
Company; suit for personal injuries.
Room 2.
Raflroadmen's Building and Loan Associa-
ton VS.. Willard S. Hubbard; mortgage.
Room z
Leroy Miller, by next friend, Jehu Miller.
VS.. Citizens Street-railroad Company; suit
for personal injuries. Room /.
Eva Seguin VS.. Z. S. r. Seguin; divorce.
Circuit Court.