The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-18
HIGHER COURTS RECORD.
SUPREME COURT.

1889. Indianapolis Abattoir Company VS.
Temperly. Marion s. c. Affirmed. bowling.
G. il. A landlord cannot be compelled to
make repairs in the absence of an agree
ment to do SO, and is not responsible for
injuries, yet where he occupies a portion of
the premises himself he is not permitted to
use such parts in such manner as to in
jure his tenant 2 When a landlord occu-
pies a part of the premises and maintains
use ordinary care to prevent the escape OF
gas from them, and consequent injury TO
the tenant and IL he so allows gas to es-
cape and Ii injuries the tenant, who has no
knowledge of the defect. the landlord is
liable for the damage done.
1916. p. c., c. & st. l.. Railway Com
c. c. Affirmed. Monks, il. In an attempt
to enjoin the removal of stock pens as a
nuisance, upon the action of the town
were tine a aUd
a public nuisance, and the burden Is upon
the plaintiff to prove such allegation. 2. 1t
| lar ones are maintained in the neighbor-
hood; 8: person asking aid Of a court of
1916 p, c., c. & ST. L. Railway Com
! pany VS.. Mahoney. Howard g. c. Appeal to
Supreme Court dismissed because not APP
| pealable under Section 10, Clause of Act
1901.
1875. Bolton VS.. Clark. Parke c. c. Ger
| tiorari granted and issued.
1898. Donaldson vs.. Taylor. Lawrence C..
c. Arrangement denied
| G.. G. Transfer denied.
-Minutes-
1856. j. Crawford Weir ct al VS.. State
ex rel. Nellie Worral, ETC. Henry c. c..
| Appellee's petition to file brief postponed
| to final hearing.
1906. Chicago, Indiana & Eastern Rail-
| way Company VS.. Indiana Natural Gas and
| Oil Company. Grant G.. c. Motion and
| notice to consolidate with 1868.
1890. Henry N. Gum ct al. VS.. Cassius
Hawworth. Hamilton C. C. Appellants
| motion to reinstate.
APPELLATE COURT.
4079. Olive Hubbard. Marion s. c. Az
| firmed Wiley, c. jim an action to recover
damages on account of false and fraudu-
| lent representations made in a settlement,
plaintiff must allege that such representa-
| tons were made for the purpose of deceiv-
ing plaintiff and that he relied upon them
and believed them to be true.
| 424s. Houlton Carpenter. De Kalb C.
C.. Affirmed. Black, 1.-THE Board OF Coun-
| ty Commissioners may change the location
of public highway. which has been used
as such for over twenty years, although
not formally dedicated. By legal proceed
ings. to the public. or has never before
| been the subject of any proceeding before
| the Board of County Commissioners
3S9s. Western Union Telegraph Company
VS. Krenzer. Laporte c. c. Petition for re-
hearing overruled.
| Minutes
1891. Addison b. Mickey ct al. VS.. An
| thony Zeucher. Steuben c. c. Return to
| certiorari.
ALP. Cornelia Boseker. executrix. ct al.
| VS.. Norman III. Chamberlain. Allen s. c.
| Withdrawal OF petition for oral argument.
1892. Consumers Gas Trust Company VS..
Joseph w. Litter. Grant C. c. Appellee s
| appearance.
Ass. Harrison Callicott VS.. Lucy s. Allen.
Vanderburg s. c. Application to file addi-
tional authorities
Ass. Alonzo w. Carr VS.. Huntington
Light and Fuel Company. Grant S. c. Ap-
| pellants reply brief (s)
| 4434. Herman Alerdng eft al. VS.. Irene
| Allison. Marion c. C.. Appellants petit
ton for extension of time TO file reply brief
Granted fifteen days from Oct 81.
400. Everett Halstead VS.. Clara Cohen,
Administrative. Jasper G. c. Appellee
brief 81
40l7. c.. c.. c. & st. l. Ry. Co. VS.
| Jerome b. Coffman. Marion C. c. Appel
lees brief (S) in reply to petition for re-
4465. Cincinnati Richmond & Muncie
Railroad Company VS.. Wabash Railroad
Company. Fulton c. c. Appellants reply
| brief (S.)
New Suit
1922. Abraham Pate ct al. VS.. Peter B
| Busbong. Henry G. C.. Record. Assign
ment of Ell fors. Notice. Appellants brief