The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-11-02
THE COURT RECORD.
SUPREME COURT.

1919. Taylor VS.. City of Crawfordsville Mont
gomery c. G. Affirmed. Hadley. il de-
PENDANT cannot enjoin the prosecution of illegal
proceedings upon grounds which he may make
available as defense in such proceedings. 2.
property cannot enjoln threatened
irregular and illegal step in the procedure 81
der the law regulating such procedure right
TO have such irregularity corrected and rendered
1921 Layman vs. Buck. Greene c., c. Ger
tiorari denied
1885 Marshal p. Hoilingsworth (administra-
tori The Chicago, indianapolis Louisville
Railway Company. Clark c. c. Appellants
1923 Alpheus w. Moon ct al. VS.. Pittsburs
Plate Glass Company Howard s. C. Appel
issss Lawrsnee Simpson vs. The PitssSurg;
appellants brief in No. 1923 90
APPELLATE COURT.
1921. c., c., C. & St L. Railway Company
Griffin. Montgomery c. c. Reversed. Hen
ley. il An action for personal injury on account
OF the negligence Of the defendant 8 general al
legation OF freedom from negligence on the part
o. plaintiff Is sufficient TO withstand a demurrer
of the jury contradict material facts necessarily
found by the general verdict the latter cannot
finding is as fatal to the general verdict as II
essary to the cause OF action T. II person
is injured in passing over a railroad track at
fault is prima face his own 5. Before at
tempting to cross railroad on highway the
preaching trains. 6. The dangerous character OF
a railroad crossing puts upon the traveller the
known danger.
Sos7; Elwood, ETC.. Company VS.. Ross. Madi-
is the natural guardian of his infant child and
is charged with its care and maintenance. ana
A street-raiway company, In the discharge OF
its duties 10 the travelling public. is required 10
3. The rule respecting contributory negligence
presupposes sufficient inteI.igence to know the
xfCr nf A 1qrE
designate any certain age at which children
are Of sufficient intelligence to have imposed
upon them the full degree OF care incumbent
upon persons of mature age. s. Contributory
negligence cannot be imputed TO a child when
SUMPTION Incapable of Judgment or dscretion
6. A child, so far he is personally concerned,
erection as is reasonably TO be expected of chill
dren Of his age 4 mother without the the con,
sent OF her husband cannot give her child 10
another, as to bar the right of the father to
City If indianapolis VS. Harold. Marion S. C.
Affirmed Comstock. il. In the Improvement
OF street the city is bound to take notice of all
made necessary while the improvement is IN
progress. and properly guard the game. 2
s Sy law whe cannot af the P
ditions created by itself in the performance of
its obligations g. A person is not necessarily
precluded from recovering for injuries resulting
from defective streets because he had knowledge
of such facts. Under such circumstances he is
required to use only such care commensurate. f
an injured party is fact to be determined by
the jury;
renee z. &. Petition for rehearng overrued.
Minutes
1862 John Stelwagen ct al VS.. William r.
siH Robert Kersey ct al VS. Harley Lane
WAYNE c; c. .AppeIee's brief
1862 The Midland Steel Company The Cit
liens National Bank Henry {. Z. Appellant
additional authority. APPELLANTS additional.
$500 John H. Forrest ct al. VS.. John Corly.
Grant c. c. Brief of Appellant Forrest CD
S Msss rsn, Mining epmpsngg r xs Robert
1904 Chicago indianapolis a. Louisville Rail
way Company Martha NJ. Reed. Carroll c.
SUPERIOR COURT.
Room John l.. McMaster Judge.
George Hammel VS.. Levi Hammel: on account.
Finding and Judgment for plaintiff against de-
Flanner & Buchanan vs. Dennis Donavan: on
account Finding and Judgment for plaintiff
Amos Morris Mary Morris; divorce. Grant
| ed plaintiff at his costs, with custody OF minor
Thaddeus Gillaskie vs. Cora Gillaskie: divorce
Finding and decree for plaintiff at his costs.
CIRCUIT COURT.
Henry Clay Allen. Judge
Wilhelm Marschke Eugene viviani. Isaac
| allied.
Company ct al. damages. Jury returned YER
| dict for plaintiff for 50. 500.
Bertha Z. r. Urmston John c. Mccullough
| ct al; damages Cause dismissed for failure 70
| file cost bond.
| Jesse Warrington VS.. Sophia Z. Rhodes ct al ;
| to quiet title. Submitted to jury
NEW SUITS FILED
| Lulu A Kinley VS.. William H. Kinley; divorce
Superior Court. Room B.
Alien Jennings VS.. Wilson S. McAIuilen ct al.
| malicious prosecution and damages Demand
$4,000. Circuit Court.
Katie Gazier VS.. The indianapolis Street-rail-
way Company; damages Demand, So Geo. Su-
perior Court. Room 3.
David Kahn ct al. Frances A. Sfnitha ct
al: notes. Superior Court Room 2.
Samuel B. Robinson VS. Joseph H. Partlow: to
quiet title Circuit Court.
The Advance Savings and Loan Association VS.
Charles Maui ct al. Superior Court. Room l.
| John G. Finney vs. Lille f. Finney; divorce.
| Circuit Court.
| Eugene F. Osborn rs. Mary f. Osborn; divorce.
4 Circuit Court