The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-11-16

Tor a part Oh MS COMPENSATION unIlI II Is
proven that his contract has been faithfully
kept. does not necessarily imply an Increase
in the first cost OF a well-constructed
street; neither does a covenant to make
good his defaults imply an obligation to
repair the whole street irrespective of the
causes which necessitate such repairs.
1913. State ex rel. Lyons VS.. Phillips.
Vigo S. c. Advanced.
Minute
1868. John Rinkard VS.. State of Indiana.
Wabash c.. c. Appellants request for oral
argument. Appellants reply brief 81
New Case
1874. Mary II. Haugh ct al. VS.. Maria
p. Smelser ct al. Rush c. C. Record. AS
dence. Appearance of nineteen appellees.
Notice to Marion county. Notice to Rush
county.
APPELLATE COURT.
$685.. freshman VS.. freshman. Tippe-
canoe S. c. Affirmed. Robinson, il. A
stepmother is liable for damages on account
OF an assault and battery committed by her
upon a stepchild, when such assault and
battery is wrongful and malicious and the
family relations between the husband and
wife have been severed. 2. Only such OBJ
j~ectiOns TO the admission of evidence as are
made to the trial court will be considered
on appeal. 3. The fact that a witness has
detailed TO the jury facts as to an occur
renee, and in answer, to a questiOner, that
he told others about it soon after is not
equivalent to stating what he told such
person. 4. In order TO show the extent OF
Il peISOldl Injury WHICH Is 1dlells d VIII
ness may testify as to expressions Of pain,
etc, on the part of the injured party. 5.
In an action for damages on account or
assault and battery committed 1t is not
error TO refuse testimony that the defend
ants general reputation for peace and
quiet is good. g.. 1t is proper TO exclude
hearsay evidence in attempting to prove
the existence of a physical fact. Z. The evil
dence in a case must make a requested in
struction applicable in order to constitute
error for refusing to give it:
3SAl nfRPipn We RHGh Madison -
Reversed. Black, c.. J.-Reversed upon
authority of O'Brien VS.. Bradley, No. 1889,
decided at this term.
Ass. King VS.. Wright. Floyd c. C. At
firmed. COmstOck, il. In an action 10
foreclose a mortgage and recover personal
judgment upon the notes secured by the
mortgage a plea of non es factum to the
notes is not an answer to that part of the
action founded on the mortgage and is
therefore insufficient. 2. Where the specifi-
cations of error upon several paragraphs OF
pleadings is joint it is insufficient where one
of the paragraphs is a general denial. 3.
Conclusions of law stated by the court on
special findings of facts must be questioned
by an assignment of errors and not pre-
scented as reasons for a new trial. 4. The
evidence in a cause should come into the
record by proper bill of exceptions.
$40. City of Indianapolis VS.. Mitchell.
Marion s. c. Affirmed. Wiley, p. j.
Where a person knows of the condition of
a certain street crossing. in a populous
city, without knowledge to the contrary,
she is not bound to anticipate such a
change therein so as 10 make the crossing
dangerous. .. In travelling on a street a
person is not required to exercise extraor-
binary vigilance to avoid a danger she
does not anticipate and of which she has
no knowledge. 3. A municipality is re-
quired to keep its streets and in
a reasonably safe condition. to the end
that in their sse the ordinarily prudent
traveller may pass over them in safety. a.
A person travelling upon a public street
has a right TO assume in the absence of no.
tice to the contrary, that ii is in a reason
ably safe condition. 5. This court will not
determine questions which depend upon the
weight of the evidence.
390S. Wise VS.. Morton. Lake c. c. Az
firmed-nO opinion-per curtain.
$500. Mickey VS.. First National Bank.
Lake c. c. Afirmed-no op~inion-per GU
riam.
34S9. Fidelity, etc. Co. VS.. Thurston.
Wayne c. c. Dismissed.
1861. Gossett VS.. Kirkman. Madison c. C.
Dismissed.
1894. p, c., C. & st. l.. Ry. Co. VS.. Gray.
Cass c. c. Rehearing granted.
Minutes
34S9. Fidelity and Casualty Company of
New York VS.. Joseph NJ. Thufston. Wayne
c. c. ACKNOWLEDGEMENTS day,
all David A. Coulter VS.. Jerome Clark.
Fountain c. C. Appellee's brief g.
4209. Board of Commissioners of Jackson
County VS.. David a. KOchenour. Jackson
c. c. Appellee's special appearance. OBJ
lection TO submission and motion to dis
miss. Notice for Nov. 81.
3u1. Lawrence Simpson VS.. Pittsburg
Plate Glass Company. Howard G. G.
Oral argument Nov. 10. 1901. Petition to
postpone oral
5S54. Walter j. Dixon ct al. VS.. William
II. Eikenberry. Howard c. c. Petition to
postpone oral argumen
1923. James F. Brown VS.. o Graham.
Johnson c. c. Appellants petition to
transfer to Supreme Court.
RECENT UEEAV ODINEnN