The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-12-19
HIGHER COURTS RECORD.
SUPREME COURT.
Dad A


Road Observation-Disclosures Authority
1850. State ex rel. VS.. Clifton. supervisor.
Rush C. c. Reversed. Baker, il. A
township trustee has authority to control
his road supervisors in the maintenance
and repair of public highways in his town
ship. and the fact that a supervisor has
replaced a small bridge which was washed
out by building a stone cuIvert across the
stream is no defense TO an action of man.
damus to compel him to erect a board
culvert of a certain style and dimensions
over such stream at the expense or the
township where the trustee had properly
directed him to do so and he refused to
obey directions. 2. 1t is only where the
directions given by the trustee to a super
visor are of a general nature that he may
exercise his own discretion as to details
in carrying them out;
Transferring Cases-No Opinion
300. Craig VS.. Bennett Marshall C. c..
Transfer denied. Jordan, c. il. Where
the Appellate Court affirmed a judgment
without stating any reasons for its decision
and the case is not one which may be
taken to the Supreme Court as matter of
right, 1t cannot be transferred to the Su-
preme Court for the purpose of reviewing
such decision of the Appellate Court. 2. 1t
is only where an opinion is written by the
Appellate Court in deciding a case and the
language of such opinion contraVenes a rul-
ing precedent of the Supreme Court or
states a new question of law and decides
it enormously that a case can be trans
ferred to the Supreme Court under Sub
division 2 of Section 10 of acts, 1901, Page
565. 3. The word opinion" as used in
said subdivision is technical. and refers
to a written statement of the grounds or
reasons for the action Of the court as dis
tinguished from the judgment or decision
pronounced by the court.
1880. Shedd ct al. VS.. Webb ct al. Lake
G. G. Petition for rehearing overruled.
1922. LAX County w. q l.. Co. VS..
Walsh. Lake S. c. Appellee granted thir-
ty days extension for filing brief.
Minute
1acS0 nh ID ~ ~ o c. Daf.y
Company VS.. John w. Fish. Pulaski c. c.
Appellants petition for oral argument.
New Cases.
1875. James NJ. Bolton vs.. William Clark.
Parke c: c. Record. Assignment of,
and brief () for supersedeas. Supersedeas
exhibits one to forty-six, inclusive. Court
finding.
1896. State of Indiana VS.. Robert Patten.
Sullivan C. c.. Record. Assignment of
errors. Notice CD served. Submitted under
nineteen.
APPELLATE COURT. g..
New Circuit-Bin of Exceptions
1852. Carr VS.. Noah ct al. Decatur C. C..
Affirmed. Comstock, c. J:-Where a cause
of the Eighth judicial circuit shortly be-
fore said county. became a part of the
Ninth judicial circuit under acts, 1899, Page
1913, the Judge who tried such case was
alone authorized to approve and sign bills
of exceptions in such case, and a bill
signed by the judge of the Ninth judicial
circuit after said county became a part
by the court is no part of the record.
Railroad OBSERVATION-DISCLOSURES
1857. Terre Haute, etc, r. Co. VS.. Ritten-
house. Marion 5. c. Affirmed. Wiley, j.
/. A complaint which alleges facts showing
that plaintiff was a railroad s~witchman
under the direction of a certain foreman
having authority TO control the
of men and cars in the yards to whose
HirnGfinnC he WAS hound m Rnnfnrra nnd
that such foreman ordered plaintiff to do
a specific thing and while he was attempt
ing to do it and was conforming to the
foreman's directions he was injured by the
movement of cars states a cause of action
under the employers liability act. 2. 1t is
only when the answers To i~nterrOgatories
without conflict state facts affirmatively
showing that facts found by the general
verdict do not exist so clearly as to over
throw such verdict when aided by every
reasonable presumption that such answers
will control, the general verdict. 3. Under
the employers liability act one railway
employee who has authority and power to
control and direct the work of another is
not a fellOw-servant of the latter as to
such control, although he works with him.
Obvious Defects-Interrogatories.-
Indiana, etc, Co. VS.. Buffey. Fountain
c. c. Reversed. Robinson, p. il. An
allegation that plaintiff was injured by
reason of the insufficient size and inherent
weakness of a pulley which broke in hoist
ing dirt from a shaft he was digging does
not charge a defect necessarily so open
and obvious that the resulting risk must
nave been assumed by plaintiff as de-
PENDANTS servant. 2. Answers to ~interro-
gatories that can be reconciled with the
general verdict by indulging any reasonable
presumption in favor of the verdict will
not overthrow it. 3. Plaintiffs knowledge
that the defect which caused his injury
existed is sufficient to defeat his action.
and an instruction TO the contrary is err
roneous.
1920. Kochler vs.. Tuebbecke. Lake S. C.
Affirmed per curtain.
1918. Town of Crown Point VS.. Thomp-
son. Porter c. c. Appellee's petition for
leave to file brief denied.
4226. Jackson VS.. Sayler. Lake c. c. Ap-
pellee's petition for leave to file brief de-
MED.
Minutes
4127. Huntington County Loan and Saw
ings Association VS.. Simeon T. Cost ct al.
1855. Heber M, Fried ct al. VS.. Johnson
Nelson. Kosciusko c.. c. Appellee's peti-
ton for leave TO file briefs.
4o9S. Henry Robson ct al. VS.. John e.
Richey ct al. Knox c. c. Appellecs'
brief (S)
42n. John w. Kerr. administrator. VS..
James S. Mcdonald, administrator, ct al.
Appellees' brief G) on application to APP
4142. Maude Lynch IS. Milwaukee Har-
vester Company ct al. Sullivan c. C. APP
pellees' brief 50
APO. Grafton Johnson VS.. the Central
Trust Company. Johnson c. C. Appellee's
brief 81
New Cases
1881. William d. Stuck ct al. VS.. Francis
NJ. Yates. jay c. G. Record. Assignment
of errors. Application for supersedeas. Ap-
~pellants' brief 81 Supersedeas. Notices TO
appellee. etc. Appellant served.
1872. Mandy r. Stewart ct al. VS.. Amanda
NJ. Avis. Washington c. c. Record. As
signment of errors. Joinder. Appellants
brief 81
1888. Tbs Diamond Flint Glass Company
ct al. vs.. Byron NJ. Boyd Blackford c. G..
Record. Assignment of errors by Diamond.
etc. Company. Assignment of errors bv
Whitman. In term. Bond. Appellants