The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-09-20

Observation-Disclosures Depot Grounds
A railway company having a station at
a given point, by implication invites per-
sons to come upon the remise for bust
ness, and II is the duty of the company
TO be reasonably sure that 1t is not invit-
Ing them into danger, and to that end the
company must use care and prudence to
render the remises safe for the visit. 1t
Is negligence for a railway company to
allow a freight train on a side track to
block the crossing or passageway over such
at a time when a passenger train of the
company is due at the station, so that
persons desiring TO take passage on such
passenger train cannot reach the depot in
time TO purchase tickets and get aboard
such train. [69 Pacific Rep. (Oklahoma,
Judge Pancoast), 1887
-Insurance-Knowledge Of Contract
An applicant for insurance, who accepts
a policy, the provisions of which are plain,
clear and free from all ambiguity, Is
chargeable with knowledge of it's terms
and legal effect 1t is the duty of the as
sured to read and know the contents of
the policy before he accepts 1t, and where
he fails or neglects to do so, he is estopped
from denying knowledge of its terms and
conditions, unless he alleges and proves
that he was induced not to read the policy
by some trick or fraud of the other party.
1853 Pacific Rep. oklahoma, Judge Hainer),
1861
Sale of Goods-Disposition of Defective
Articles
WHeTe n machine Is SOlQ accompanied Dy
a warranty as to its fitness, and the ma
chine delivered and part of the purchase
price paid, If the machine does not come
up to the standard warranted, the pur-
chaser has two remedies at his election
he may keep the machine and recover In
damages the difference between the price
agreed to be paid and the actual value of
the machine. together with a fair compen-
sation for the loss incurred by an effort
In good faith to use 1t for the purpose war
ranted; or he may promptly return the
machine as soon as he discovers the de-
fects, and recover the consideration paid,
or offer to restore the same on condition
that the seller shall return all received by
him. lS9 Pacific Rep. oklahoma, Judge
Burford), 1881
Fraudulent Conveyance-Change Of Pos
session.
Where a merchant sells his goods to one
residing in another town, and the latter
informs all parties interested of the pur-
chase and files the bill of sale in the town
clerks office and removes the sign of the
seller from mis- store. 1t is a sufficient
change of possession Of the goods sold,
an employe of the purchaser in the bust
ness. Evidence that the purchaser ex-
pected, that the vendor would ultimately
to change the bill of sale into a mortgage.
Ia New York Supplement, 945.1
-Seamen-Right of Captain to Chastise.-
A captain of a vessel may infict moder-
ate chastisement on a member of his crew
for disobedience of orders and a single act
of such kind. which does not exceed the
bounds Of moderation, will not justify
the seaman In leaving the vessel before
the expiration of his term Of service, in
the absence Of threats of great bodily
harm or some other reason to apprehend
extreme danger to his personal safety If
he remains. ZIG Federal Rep. alabama,
Judge Toulmin), 212.1
Random Opinions of Learned Judges
A blind tiger" is a place where intoxi-
eating liquor is sold in violation Of law.
lis Tex. Civ. Ap., 1861
Legal offenses " . are crimes and
misdemeanoTs enacted by the Legislature"
no Hun. (New York;, 1871
"A steer is an animal Of the COW kind"
G55 Alabama, 1901