The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-12-14
THE COURT RECORD.
SUPREME COURT.


person to an injunction he must show that the
apprehended injury is of such character TO, OF
nature as not to be susceptible OF adequate com
pensation in damages at law. q The granting
or refusal of injunction rests In the SOUND
discretion of a court OF equity, and ought not,
as a general rule. to be granted when, under
the circumstances, ii would be against good con
science or productive of great har tship- j. 10
warrant a court Of equity in interfering to en-.
join the violation OF contract the latter must
be free from doubt and not uncertain or vague
In its terms provisions, and be OF such ma
ture as not to be susceptible or adequate COM
pensation IN damages at law.
1920 National Bank Midland Steel Com
pany. Delaware c. c. Reversed. Downing, Z.
i'm am action by the indorsee OF the following
note, Midland Steel Company, Muncie. Ind.
April Is, 1896. Three months after date we prom
Use to pay to the order of the Muncie Land
Company two thousand dollars. value received.
negotiable and payable without defalcation or
discount at Union National Bank, Pittsburg.
81 coo. r.. ]. Beatty. Hgesident," it may be shown
by parol evidence X said note, under proper
allegations. was contract of the Midland steel
Company, of which the signer or the same was
president
Minutes
1875 Hugh Lowe ct al. VS.. Board OF Commits
sioners OF County Of White ct al. White c. c.
Set for oral argument Jan. 3. 1901. Four notices
1880. State OF Indiana VS. Albert E. kirk.
Clay C. C. Appellants brief ~
1880. James Van Horn ct al VS.. Robert Mer-
Ger, Guardian. etc. Allen c. G. Appellee's orlef.
APPELLATE COURT.
so11. p, c., c. & st. l.. Company VS.. Ellwood.
Henry c. G. Reversed. Wiley, il. 1t Is neg
lgence for railroad company TO allow rubbish
to accumulate its tracks and in its yards
where employees are required TO work. and 10
suffer IL to remain there 2. An injured employe
Of a railroad company cannot accept the bene-
fits from the relief department OF the read. OF
which he Is member, and also maintain an
action at law for his injuries against the same
company.
1885, Indiana, etc. Gas Company VS.. Anthony.
Boone C. c. Affirmed. Robinson. il II
either paragraph OF complaint Is suffcient
joint assignment OF error that the complaint does
state facts sufficient to constitute cause Of
action is not well taken. 2. The mere fact that
a city ordinance respecting gas company pro-
vides for a penalty for failure to comply with
its conditions will not Interfere with the right
OF a citizen who IS aggrieved to maintain an
action in his own behalf to recover such dam
ages he may have suffered from the wrongful
act of the company. 3. The failure 20 perform
a contract agreeing to furnish gas TO customer
is a tort. 4. When certain paragraph OF an
complaint in determining the sufficiency of such
answer only such matters as are well pleaded
in answer to the particular paragraph of COM
plant be considered s. The mere fact that
a consumer Of natural gas wrongfully removes
his mixer viii not absolve the company furnish
ing the gas from furnishing sufficient gas to
such consumer. for which the company has re-
ceived its pay. s. In order that answers II
interrogatories may control the general verdict
they must not only be in. irreconcilable conflict
with the general verdict but must be upon the
particular point Consistent with each other. T.
physical Injury cannot be the foundation OF ar
action for damages, 1t may be taken into con-
sideration in estimating damages In cases q
disturbed on the ground Of excessive damages
unless they are so outrageous as TO strike every
one with the enormity and injustice Of them
and so as 10 induce the court to believe that
the jury must have acted from prejudice, par
TALLY or corruption. 3. Overriding motion tC
make specific Is not proper cause for q
new trial. TO- II is not error to sustain an OBJ
lection TO a question II the witness afterwards
answers substantially the same question In an
sidered a whole and cannot be held errons
Gus by considering detached portions. u.
gas company which requires its patrons to pay
for the use Of gas by monthly installments II
advance obigates itself to its patrons making
such advanced payments to furnish them will
gas in proper and sufficient amount to subservs
the purpose for which the payments are made
and is liable to such patron in damages for fail
to do so. provided such failure resulted from
the wrongful acts OF the company, and IL Is m
defense to an action for the failure 10 supply
sufficient gas for the company to prove that Il
had no gas. or that il furnished all that II had
so long as IL retains the money received from
it's patrons in payment for gas 10. Before
gas company will be heard to interpose the de-
tense that 1t has no gas or that II has furnished
all the gas II has. it will first be required (
refund. offer to refund, the money which 4
has received in advance in payment for the sup
ply of gas TO its patrons.
S4O5 E. & l. Railroad Company VS.. Huffman
Clay c. c. Reversed per curtain. Upon tn,
confession OF error by appellee cause will b.
reversed.
Minutes
S541. Leo Pohlplotz. by next friend, TIL
Corning Steel Company Lake c. c. Appellee
s2e3 City of Elwood vs. Solomon Addison
Madison 6. c. Petition granted 10 file supple
mental brief by Dec. s. 1900
SUPERIOR COURT.
Room John L. McMaster. Judge.
Chrstana Rhodes VS.. James Rhodes: divorce
Plaintiff disinisses- Judgment aginst plaintiff
for costs.
Robert Alexander VS. Norah Reagan; on note
Finding and judgment for plaintiff for s67.s6 an,
William Smith VS. James Stevenson; improve
ment lien. Finding for plaintiff for ssSO.45 an,
costs.
William Smith VS. Susan Davis: improvement
lien. Finding for plaintiff for 81 1si.54 and costs
William Smith VS.. Oliver Hay ct al. improve
ment lien Finding for plaintiff for s1,OS6.s5 an,
Charles Blcnden VS.. United States Express
Company; damages.
Room Flames NJ feathers, Judge.
Frank H. Holland VS.. l.. f. w. Railroad
Company; damages. On trial by jury.
Room 3-vinson Carter. Judge.
The Marion Bond Company, Trustee. VS.. Myrtl
Christofferson ct al; mechanics lien Dismisse'
and costs paid.
Nicholas Hofbauer VS. Citizens street-rail
road Company; damages. Jury out.
CRIMINAL COURT
Fremont Afford, Judge
penter. official stenographer. files long-hand re
port OF trial.
William West; assault and battery Finding
guilty. Fined so and costs.
NEW SUITS FILED
Gustav c. Witt VS. c. +. Adams Company
damages. Demand. $500. Superior Court
Room 2
Thora Christensen VS.. Christian Christensen
divorce Superior Court Room 2.
Flanner * Buchanan VS.. Sarah Weigh; on &C
count. Superior Court, Room g.
Marie L. Witt VS.. c. F. Adams Company
damages. Demand. $1,000. Superior Court
Room g.
William I. Tasker VS.. Margaret A. M. Tasker
divorce. Superior Court. Room 3
Emma X. Witt VS.. G. +. Adams Company
damages. Demand, 5000. Superior Court
Room l.
Fern ID. Springer Harry Springer ct al.
support. Superior Court. Room 1
Hattie Stewart VS.. Augustus Stewart: divorce
Superior Court. Room
Charles Antrobus indianapolis Street-rail
way Company; damages Demand, $4,000. Cir
cult Court.
Rhoda Marsh VS.. Christopher Marsh: divorce
Circuit Court.
Lizzie a. Jones VS.. Richard Jones; divorce
Circuit Court.
John r. A1gire vs. Lewis G. Thompson ct al.
damages. Demand. 3. 0oe. Superior Court