The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-12

goes upon the tracks of a railroad COM
pany in the course of his employment is
chargeable with notice of such contract
existing between his employer and the
railroad company, to the effect that his
employer will hold the railroad company
arising out of the negligence of the rail-
road company. 2. The execution of a re-
lease by an employee of an express COM
pany OF all liability for injuries sustained
by the negligence of the employer, 'or
otherwise" include the liability of the ex-
press company to hold the railroad COM
pany with which it does business harm
less against claims by employees of the ex-
press company for injuries, and precludes
an action against the railroad company
for causing the death of an employe Of
such express company while engaged in
the discharge of his duties as en- employe
of such express company.
90 S4'4, Kelly VS.; P c.; G; & st M,,d L. H 4.
An action accrues when the act or omis-
sion causes direct and immediate injury.
but where the act is injurious only in its
consequences the cause OF action accrues
injury. 2. Any authorized obstruction
which necessarily impedes or incommodes
the lawful use of highway is public
nuisance at common law. 8. The right to
maintain a public nuisance cannot be ac-
CURED by prescription. 4. A city has no
power TO authorize distractions in high
nently interfere with the enjoyment of the
rights either of the public or a private
person. s. The accumulation in one chan
mel of a large volume of water by the
act of a city, places upon 1t the duty to
see to it that suitable provision is made
for the escape of the water without injur-
ing the private property. and if by reason
of the insuff1ciency of the drain the
waters are cast upon private property to
its injury the city is liable therefor
1853. Adams Express Co. VS.. Carnahan.
Marion S. e. Reversed. Roby, il. A
person who receives an article by express
from his agent, such person cannot deny
the authority of his agent to make the
contract with the express company to
transport the article. 2. An acceptance of
q, receipt implies an accession to it's terms.
tnerepy creating contract equally as
binding as though signed by both parties.
8. II Is competent for parties TO fix the
value or property TO be transported. and
contract so doing, clearly STIMULATING
against further liability fairly made upon a
3539. Hancock VS.. Virgins Randolph
c. c. Affirmed. Black. il complaint
must be construed most strongly against
the pleader. 2. To entitle one to recover
for money paid for the use Of another,
the latter's express implied request
therefor must be shown. g. Where il is
alleged In pleading that persons named
conveyed their interest in certain lands to
another person named. the inference to be
drawn from the language used is that they
only purported to convey such interest as
fraud. and a conveyance is without COW
enants of title. the grantee having knowl-
eGBe OF the IactS concerning "A defect in
the title, he assumes the risk of title, and
has no remedy for the failure of title
$3.50: Johnson VS. Heaton. Martin c. c.
Petition for rehearing overruled.
1898. Hague VS.. State ex rel. Hendricks
c. {. Oral argument March 10, 1902
1897. Indiana, etc, Co. VS.. Robinson.
Marion S. c. Oral argument March 2l
1902
4l59. Haymaker VS.. Schneck. Clark c.
c. Motion to dismiss postponed.
4l95. Gardner VS. Board of Commission
ers. Knox c. c. Motion TO index sus-
tanned.
1906. Shaffer VS. Stem. Harrison S. c..
Petition for transfer to s. c. overruled
Minutes
1866 The City OF Hammond VS.. Bridget
Maher. Laporte 5. c. Appellants brief
50 Appellants petition for oral argument
Railway Company VS.. Lucinda Borneo. ad-
ministratrix. Montgomery Z. c. Clerks
corrected certificate.
4l9l. Anna K. st. Clair VS. Henry NJ
Marquell ct al. Delaware c. -. Appellants
reply brief 50
1919 The London Guarantee and Accident
Company. Limited. VS.. Mike Sievy Lake
c. c. Appellants brief 81 Appellants Pc
titiOn for oral argument.
+0Ol Salem Bedford Stone Company ct al
VS.. Joel l.. Hobbs. administrator Law
renee c. c. Appellee's points.
1924 Elizabeth Goodwin ct al. VS.. Edwin
=. Bentley. executor, at al. Clark c. G.
Appellants brief 81
New Case
1876 John S. Crump vs. Harriet Davis
johnson G. g. Record Assignment of
errors. In term. Bond.