The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-02-01
APPELLATE COURT.

1852 /. e. & W. r. r. CO. vs. Arnold Grant
c. c. Reversed Henley, e IA raiir s ar ea 70
nrotect it's passengers from injury by third
phrties. and ii is not liable for such injury II
for INJURIES thus received in the absence of a
direct averment of negligence on the part OF the
carrier must allege facts which In Jaw ainount
to negligence and that plaintiff at the time OF
the INJURY free from fault ,,,..,.
Johnson c. C. Reversed. Wiley, ID Wheh
the question OF fact is whether or not person
II is proper to allow person to TESTIFY tnat ne
knew from observation that such person went 70
habit :. II parties sustaining confidential, re
lations TO each other hold the conversation IN the
y a 4ea hsaf To What Ha they heard
$685. knouf VS.. City OF Losansport. Sass -
C. c. Reversed. Robinson, i'll Inc mere lac'
gence of defendant in producing an injury
does not relieve him from liability. 2 1t is the
duty of a city to properly guard dangerous
BRUCE crossing, and its failure to do SO Is nesh-
ss7s Carrico VS.. Shepherd. Sullivan c. G;
Affirmed. Black, il The conclusion reached
IN ,nS sa an appeai If there was some evidence
10 support the verdict. 2. Where there are no
facts in evidence essential to an estoppei II h Is
facts In evidence as tending TO constitute an
ssi7 Anderson VS.. L. S. & NJ. s. Ry., Co
DeKalb c. c. Affirmed. Comstock, il A
carrier cann1t exempt he effect Of Contract
limiting the common law liability OF carrier Is
to change the character OF tnat napy o ~ the
goods by the carrier and to place his RESPONSE
biity for loss or damage upon the GROUND OF
negligence alone. g. Where a shipping contract
provides that claim for damages under the
contract shall be sued for ID any SoITt he
in writing, verified by the affidavit OF the said
his office within five days from the time
said stock IL removed from said car or cars
such Is cSD on tSe
structions must be presented before the COM
encement Of the and IL no, they tSs may may
of cause cannot be got into the record by COM
plying with the provisions of Section or the act
1855. w. u. TEL Co. vs. Adams. Monroe
c. c. Motion to dismiss postponed until hnai
hearing.
1874 Solomon Carter VS.. r. F. Butler ct al
Grant bs Pfo0f Of Sf neeanes vs. Frank A.
THUS. administrator. Knox c. C. Appellees' re-
ply ''''i' SUPERIOR COURT.
Room John L. McMaster. Judge.
New Birdsall Company William Newton:
on note, Finding and =. Judgment for plaintiff
Henry Sunber VS. Lindley Vinton; to quiet
title. Finding and. decree fer plaintiff quieting
Alonzo Van Trees John McCutcheon; in
junction. Plaintiff dismisses Judgment against
Room 2-James NJ feathers. Judge.
Margaret e Diehl VS.. Indianapolis Street
railway Company ct al; damages. Argument
Room 3-Vinson Carter, Judge.
Curtis A C. Gosnell VS.. Indiana Decatur &
Western Railway Company; damages. Dis
Mary e. Mcclure VS. Indianapolis Street-rail-
way Company; damages On trial by jury.
CIRCUIT COURT.
Henry Clay Allen, Judge.
Charles aries III Davis VS. Hattie Davis ct al; to
for plaintiff. Probate Of viii revoked
Lucille Duaby VS.. William c. Mckinney ct al
da Irlry in sfr ted frah 70
agree and discharged.
Mary a Lucas VS. John W. futile; damages.
Jury impaneled.
CRIMINAL COURT.
Fremont Afford. Judge.
The State of Indiana VS.. Isaac Sagawolski:
having in possession bottles bearing private
quash indictment. Motion taken under advise
NEW SUITS FILED.
Frank Sanders VS.. Walter @. Proctor ct al
mechanics lien Superior Court Room 2
consolidated Coai and Lime Company vs. Chas
II. Carter ct al: on account Superior Court.
Meada Watkins VS.. James H. Watkins; d.
Consolidated Coal and Lime Company VS. chas
III. Carter ct al; on account Superior Court
Nellie B. Lewis VS.. John P. Lewis: divorce
Mary A. HoIcraft vs. the Potomac Life Insur.
ance Company; on policy. Superior Court
Benjamin Baker vs.. Daisy Baker: divorce
Superior Court, Room l.
The Marion Bond Company, trustee, VS. VIII
liam h Mckinney et al; improvement lien
Superior Court, Room l.
The Marion Bond Company. trustee, VS. Henry
ID. Tutewtler ct al; Improvement lien. Superior
Court. Room /.
Hiram S. Holt VS.. Grand Grove United An.
cient Order Druids State OF Indiana ct al on
contract. Circuit Court.
SUPREME COURT
Minutes
1851. Timothy T. Overhiser VS. State Of In
diana. Grant c. c. Brief for State t2)
1888 Pittsburg, Fort Wayne e Chicago Rail
way Company vs.. Morton Gillespie surveyor
etc. Kosciusko c. c. APPELLANTS brief (S
1885 Emma Hays VS.. Joseph w Pugh trus.
tee. ct al. Hancock c. c. Proof Of publication
1880. Dolph Franklin Albert Franklir
ct al. Henry c. c. Appellee's brfef
1851. Samuel Trtttico vs. Albert Trittico
Hamilton c. c. AspeIecS' additional brief