The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-05
HIGHER COURTS RECORD.


1864. Hinkle VS. State of Indiana. Marion
Grim. G. Reversed. Baker. il. In a
prosecution for seduction If the prosecuting
witness knew at the time OF the alleSeu
promise TO marry under which she was Sc
duced that the defendant was a married
man living with his family the defendant
should not he convicted. ,. When COL
lateral matters are inquired into by the
State on cross-eXamination to AFFECT the
credibility of the witness the State is
bound by the answers made ana cannon
in rebuttal contradict them.
Minutes
1857. Frank Bird Transfer Company ct
al. VS.. Mary A. Krug. Marion {. {. APP
pellee's motion to advance;
1853. John TeviS VS.. Louis Hammer
smith ct al. etc. Clark c. c. Appellants
reply brief 81
1856, William E. Smiling ct al; vs.: S1ars
of the County of Marion. Marion G. G.
Appellants brief 80
APPELLATE COURT.
1907. Weight VS.. State of Indiana. Steu-
ben c. c. Affirmed per curtain. NO opin-
1850. Eureka Block Coal Company VS..
Wells. Putnam G. c.. Affirmed. .Comstock,
il. 1t is the duty Of a coal mining com
pany Ito keep in it's employ a competent
mine boss to visit and examine the various
excavations and working places in the
mine at least every alternate day when
the mine is in operation, and to see that
the safety Of the company's employees is
assured. 1t Is also the duty of such COM
pany and its boss to plan and lay out the
excavations in the mine so that the pillars
between the excavations In the mine snail
be and remain of the proper thickness and
safety. 2. A coal mining company is bound
to keep it's passageways in its mine safe
for the use of its employees. ). The risk a
servant assumes upon entering the employ
ment of a mine are those which occur AFTER
the due performance by the. employer OF
those duties which the law imposes upon
him. 1. Where a master is negligent he is
responsible, although the negligence of a
alIOu-Saryan NAV have COnplrrpd in
bringing injury upon the plaintiff. 5. Where
the proXimate cause or an injury was a
thin pillar of coal which could not resist
the force of an explosion and permitting
a shot TO be put in at a point where the
company was bound TO know that it would
blow through the entry. injuring another
miner who happened to lie in the entryway
near that point the company is liable for
the injury. 6. Where part of an answer TO
a question is not responsive to a question
q motion to strike out Is proper, but If not
made the trial court may assume that the
complaining party is satisfied with it. 4.
A considerable degree of discretion is
vested in the trial court in determining
whether a witness shall be permitted to
testify as an expert, and his decision will
not be reversed except for plain error.
911. Clifford VS.. Meyers. Pulaski c. c.
Reversed. Black, c.. il. When between
a landlord and tenant the latter is mot to
pay for the tillable land in part of the crop,
but the farmer is to pay the tenant in part
of the crop, all of which belongs to the
landlord, delivery by the tenant to a third
at VI d IdlI vi Iht 1LOO liz LHt
landlords consent will not divest the latter
of his ownership of the remaining part until
after an adjustment and satisfaction of
the landlords claims against the tenant
under the contract of lease. 2. Where a
crop belongs to the landlord and is sold
by the tenant without his consent the land
lord may treat the transfer as a conversion.
1914. c., 1. q l.. Railway Company VS..
Little. Delaware c. c.. Temporary re-
straining order issued per curiam.
1884. Letter VS.. Spohn. Fulton c. c. Dis
missed.
374S. Baldwin VS.. Rich. Hamilton c. c.
Petition for rehearing overruled.
c.. Petition for rehearing overruled.
Petition for rehearing overruled.
1882. c., /. q r. Railway Company VS..
Thompson. Grant C.. c. Petition for re-
hearing overruled.
1852. Goodwine VS.. Flint. Tippecanoe G.
c.. Petition for rehearing overruled.
41O. Citizens Street-railway Company VS..
Jolly. Hamilton G. G. Certiorari granted
and issued.
1856. L. f. & w. Railroad Company vs..
Watkins. Delaware c.. c.. Transferred to
Supreme Court.
Minute
4077. Ida F. Fisher VS.. United States Re-
nevolent Society. Marion c. G. Appellee's
motion and notice to dismiss.
New Case
4174. Eliza Smith VS.. Leonard Schmitt ct
al. Allen S. c. Record. Assignment of
errors. In term. Bond.