The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-06-29

tributed. The negligence must occur while
the person TO whom IL Is attributed has
charge Of the train, and must be negligence
in his service OF having charge of a train
upon a railway. when the injury Is caused
by leaving a box car or a switch too close
to the main track. so as to catch and injure
a brakeman in the performance OF his duty.
2. Mere lapse of time will not prevent La
bility of such company, which VIII be COM
plete If negligence be shown on the part OF
a person for whom the corporation was at
the time thereof responsible, and damage
Of which IL can properly be said the negli-
gent act or omission was the proximate
cause. 2. An employe cannot be said 10
assume the risk of working with a defect
i've appliance or in an unsafe place merely
because he has actual or imputed knowl-
edge Of the condition OF things; he must
also be chargeable with knowledge that
danger exists in such condition. T. where
a railroad company, by one OF It's employees.
leaves a box car on a sidetrack so close 10
other tracks that an employe on a later
train is caught between the car on the SIDE
track and his train. the company Is liable
for his injury.
1881. State VS.. Asher. Greene c. c.. Dis
missed.
1862. Miller VS.. Stephenson. Orange G. C.
Petition for rehearing overruled.
1857. Moore VS.. c., I. & L. Railway COM
pany Boone C.. 9. AffTmed; no opinion
1892. L. e. g. w. Railroad Company VS..
Essington. Upton c. c. Petition for re-
hearing overruled.
Minutes
1866. The Germania Fire Insurance Com
pany VS.. Caroline c. Pitcher. Vanderburg
s. c. Appellee's petition for extension OF
time to file brief, etc. Petition granted;
S7SO. Aaron n. Dukes VS.. Charles S Bash
ct al. Allen s. G. Appellees' appearance
$500. State ex rel. Arthur Webb We. John
s. Stockwell ct al. Monroe c. c. Afldavit
of death of Appellee Rogers. Appellants
request for oral argument.
New Cases.
gorc TIa.alfah Z nroLa Ue pafQr Rid
dinger. Fulton c. c. Record. Assign
ment of errors. In term. Bond. Joinder.
+o5s. Asbury Hollingsworth vs.. John 4.
bricks {. c. Record. Assignment OF err
rors. In term. Bond.
Oral Arguments Division No. l.
s462. Baltes Sand. Stone and OIL Company
s1i' Simpson VS.. Pittsburg Plate Glass
Company. Nov. 10, 1901, 10 a. m.
1895. Heron VS.. Tracy. Oct. q. 1901. ID
1856. American Tin Plate Company vs..
Williams: oct. 81. 1901 10 a. m. .,
pany VS.. Spalding ct al. Nov. IA. 1901, 10
"a. IN.
SUPERIOR COURT.
Room 1-Oliver II. Carson. Judge Pro TEN.
Frank A. Scharberger VS.. Nellie A. Schar-
berger; divorce. Decree granted plalnun.
judgment against plaintiff for costs:
Mamie Golfer VS.. John Golfer; divorce.
Granted plaintiff with custody OF minor
children. Defendant must pay 80 per
week for support OF children.
James w. Ross VS.. Georgia Ross, divorce.
Plaintiff dismisses. judgment against
Gertrude Robinson VS.. Frank c. Robin
son: divorce. Decree granted plaintin with
restoration of maiden name.
Room S-vinson Carter. Judge.
William Muecke ct al. VS.. Benjamin l..
Webb ct al: mechanics lien. Finding and
judgment against defendant, benjamin L.
Nabh for &y25 and costs.
Robert Il. Keith VS.. indianapolis street
railway Company; damages. Dismissed ana
On motion Of James II. Lott, Cassander
N. Sellers was admitted 10 the bar.
CIRCUIT COURT.
Henry Clay Allen. Judge.
In re condemnation proceedings OF Indi-
annapolis & Martinsville Rapid Traction
a V. n. r. Co. submitted TO court. Taken
under Amusement.
Josephine Robinson. trustee. VS.. Murray
Robinson et al; 10 sell real estate. Sub
mitted TO court. Finding for petitioner. Or
der authorizing sale OF real estate de-
scribcd-
on motion Of ]. II. Lott, Cassander ~
Sellers admitted TO bar.
Margaret i. Myers. guardian. VS.. Joseph
j. Meyers et al; partition. COMMISSIONER
report OF partition approved. Partition con-
Michael Schneider ct al. vs.. William l.
Rohde et al; from justice or the peace.
Submitted TO court.
NEW SUITS FILED.
Charles Z. Glover VS.. Central Union Teie-
phone Company on account. Superior
Court, Room j.
Mary r. Harris vs.. John 5. Harris. d.
vorce. Superior Court, Room ).