The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-26
NEW SUMS FILEr
HIGHER COURTS RECORD.
SUPREME COURT.

Co. Marion s. c. Affirmed. Bowling, j.
l. contract between palace car company
and Il porter having charge of one of its
sleeping cars, which exempts transportation
companies over whose lines the coaches OF
the palace car company are being run from
all liability arising from their negligence and
the negligence of their servants, is valid
and may be pleaded in bar of an action by
such porter against transportation COM
pany for an injury caused wholly by the
latter's negligence, when the contract was
entered into and was the subject of litiga-
ton before the act of 1901 (Acts 1901, p. 5l5)
was enacted. 2 Where such contract reads
as follows: Il hereby release, acqut
and discharge any and all such transpor-
tation companies from all claims for liabil
ity of any nature or character whatsoever
on account of any personal injury or death
to me while travelling over such lines in
said employment and service" IL is broad
enough to include injuries resulting from
the negligence of the transportation COM
pany.
1851 McGeath vs. Starr Wells c. c.
Affirmed. Bowling. il. Under Section
2766, Burns, 1901. any person interested in
the estate of a decedent may resist the
probate of his will any time within three
years after the same has been offered for
probate, by filing in the proper county his
allegation or complaint in writing, verified
by his affidavit setting forth some statutory
ground of objection TO the probate, and all
persons beneficially interested under the
will must be made defendants in such pro-
ceeding. Persons beneficially interested UNI
der such will and not made a party de-
thereof are entitled to have the proof of
the due execution of the will heard at any
time while the court is in session. 2. By
simply filing a complaint TO resist the pro-
bate of a will without the issuing of a
citation or the publication Of notice TO the
benefciaries under the will, the proving of
the will cannot be arrested.
Minutes
1900 Theodore c. Whitcomb VS.. William
II. Stringer. receiver, ct al: Marion S. c.
Petition for extension of time granted 10
1927. Adam. Medium & Anderson Com
pany VS.. Thomas Stewart ct al. Wabash
c. c. Appellants reply brief. Appellants
1901. William H. Collins VS.. Joseph G.
Amiss. trustee. etc. Huntington c. c. APP
1917. Catharine schaefer VS.. David A.
Purviance ct al. Huntington C. C. APP
1876. State of Indian ex rel. Dick Starr
VS.. Edwin c. Vaughn. Wells c. c. Brief
Of relatOr.
APPELLATE COURT.
1854. B. & o. s. w. r. r. Co. VS.. Howard
Clark c. c. Affirmed. Roby. 1.-THE an
swer to interrogatories submitted to the
jury is conclusive upon questions of fact.
1857. Cement Company VS.. Minor. Clark
c. c. Reversed Comstock, il In an
action for injuries received by a servant
while engaged in work to which he was
transferred it must be shown by the
plant that the injured party was trans
that which he undertook when he entered
the employment of the defendant and in
which he had been engaged during his en-
ployment. =. In order for employee to
charge his employer with negligence in
keeping in his employ negligent fellow
servant as a superior or boss he must show
that the defendant had not exercised Ordi-
nary care in the selection of such superior,
or that he was retained after his negli-
gence became known to the employer:
$3.50. James VS.. County Commissioners.
~ ~ hn
amount of actual compensation of the
sheriff of Henry county depends solely upon
the amount of the fees earned by the sheriff
individually and turned into the treasury
''sheriff's COSTS" and if there shall be any
balance of salary due and unpaid to him at
the time of making the last return at the
close of his term of office: and there Is not
a sufficient amount of fees collected by
such officer remaining in the county treas
ury to pay the balance, ii shall be paid
to him out of the fees earned by him during
his term of office when afterward collected
by his successor.
1869. Armfield VS.. the State. Jay G. c.
Reversed. Henley, il An instruction
should be so clear as not TO confuse and
mislead the jury. 2. A stream may be OBJ
structed and yet not diverted from its
natural course.
SSS2 Case VS.. Nelson. Cass c. {. Al
firmed. No opinion per curiam
1851 McFarlane VS.. Foley. Marion 5. {.
Petition for rehearing overruled.
SSl5. Equitable Trust Company VS.; Mill,
time to file reply brief on cross errors
granted
4O77 Fisher VS.. United States, etc. S. o.
c. Marion C. c. Dismissed.
Minutes
4114 Kirkpatrick Construction Company
VS.. Central Electric Company ct al. Han
cock c. c. Appellees' brief 80
1921. Ohio Valley Coffin Company VS.
Martin Gobe. Dearborn c. c. Appellants
1915. Mary A. Plank ct al VS. Indiana
Mutual Building and Loan Association
Huntington c. c. Appellants reply brief
1855 William Wright VS.. c., |. & l..
Railway Company Clark c. G: Appellee's
petition for extension. Petition granted
to Dec. T. 1901.
brief
asa. Andrew d. Branstrator ct al. VS.
Catherine A. Branstrator and Allen brinf Ca g.
dismiss. Appellants motion for leave to
appeal and notice.
1913. George NJ: Smelser VS.. Edgar Pugh.
Marion S. c. Certiorari granted and is
sued. Return to certiorari.
1883. Maria B. Woodwork VS.. Roland T.
Veitch, administrator. etc. Appellee's pc
tition for extension of time. etc, granted
1896 Indiana Railway Company VS.. John
Feirick St Joseph c. c. Application and
brief for supersedeaS- eS SIpeisedeas granted
S6lS. Midland Railway Company vs.
Francis NJ. Trissal ct al. Madison c. c.
ApPellees' brief 60
s. w. Railroad Company. Daviess c. c.
Appellee's application to file brief granted
41s7 McElwain- Richards Company VS.
BENJAMIN ]. Clifford ct al. Jasper c. c.
Appellants application for publication over
ruled.
4lsS Adolph zueny ct al VS. Martin F.
Casper ct al Perry c. c. Appellants
mo for ia Wi n