The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-26
HIGHER COURTS RECORDS.
COURT.


1882. Cook VS.. Buhrlace. Marion s. e.
Affirmed. Monks. Whether or not a
married woman is a surety OF principal on
a note Is TO be determined. not from the
form OF the contract nor from the basis
upon which the transaction was had. but
from the inquiry as TO whether she re-
ceived In person or in estate the benefit Of
the consideration upon which the contract
rests.
1850. Monteith vs.. Kokomo. etc, Co.
Howard S. G. Reversed. Bowling, c. il.
When a statute requires an act to be done
by one person for the benefit Of another,
and an injury is sustained by one intended
to be protected by reason of a violation OF
such statutory duty, an action lies in favor
of the latter against the former for the
neglect TO perform such duty. even though
the statute gives no special remedy. 2. An
employee can recover for an injury resulting
from an obvious defect In machinery re-
sulting from the employers failure to per-
form his statutory duty In properly guard
ing such dangerous machinery; and a COM
plant seeking such a recovery need not
allese that the employe was ignorant of
the dangers arising from the failure of the
employer TO perform such statutory duty.
1879. G. & S. =. Ry. Co. VS.. Glover. Mad
ison c.. c. Petition for rehearing over
ruled.
3446. Efroymson VS.. Smith. Marion S. c.
Transfer denied.
1854. Baker VS.. Hancock. Washington C.
1875. Republic. etc. Co. VS.. State. Del
aware C. c. Additional time granted.
1873. Donaldson VS.. State. Lawrence C.
APPELLATE COURT.
1853. Adams Express Co. VS.. Carnahan.
Marion s. c. Petition for rehearing over
ruled. Roby, il. Contracts limiting the
liability Of common carriers are strictly
construed against the carrier. :. A prin-
cipal who adopts the act of one processing
to act for him must adopt II In toto. and
will not be permitted to claim the benefit
arising therefrOm, and at the same time
to repudiate the burden thereof. 3. Au-
thority to shin an article carries with it
| anfhOritV TO accent the bill of ladinP and
enter into a contract limiting the carriers
liability.
4252. Whitcomb VS.. stringer. Marion S.
C. Petition for rehearing overruled per
curiam.-1. When possession held is wrong
full and it is clearly shown that a demand
would have been unavailing, the party in
mand is necessary. 2 A mere statement
TO the court that a party intends to dismiss
a petition pending is not equivalent TO do
Sss4. Gardner VS.. Gardner. Noble c. c.
Reversed. Henley, p. il. Where there is
no express agreement that the husband
shall pay the wife rent for their dwelling
house owned by her, where they live to-
gether as a common family, no implied
agreement as between husband and wife
will arise TO make the husband the tenant
Si87. 7. H.. & L. Ry. Co. VS.. Town of
il AS q town is given the power to open
a street and take the property over which
IL passes for a public use, the statute au-
LnOllLlIS SUN IAtNtthAl5S nus nOl Ne
given a construction that will make it pos
sible. under any circumstances, to axe the
property for a public use without just COM
penSatiOn to the owner, and the right of
the property owner TO just compensation
cannot be made to rest upon a contingency.
2. The report of commissioners upon a pro-
ceeding to extend a street across certain
property, upon appeal to the Circuit Court
must be shown by the record of the town
board of such proceedings, and cannot be
shown by parol. 3. A town board may
amend its record nunc pro tune so as to
cause il to speak the truth. 4. Although
evidence may be improper in a cause. vet
if it is not Drejudicial 10 one OF the parties
it is not reversible error. 5. In assessing
the damages to an owner for the opening
and extending Of a street the jury may con-
slider the benefits to such owner as compen-
sation for the damages.
416s. Renard VS.. Grande-- Marion S. c.
Affirmed. Wiley, c. il. In locating and
establishing the highways, under the act
of Aug. 6. 1889. the board OF county COM
missiOners has organized and exclusive
Jurisdiction over all public highways of the
county that are outside of cities and incor-
porated towns, no difference whether the
highway is wholly i'm one or extends into
two or more townships. ,. An assignment
of error must assign error, which is availa-
BILE in favor of all who join In the assign
ment. 3. In determining the question of
damages growing out of the location of a
public highway the benefits accruing to
real estate affected by establishing and
opening such highway may be considered
ana set on against any damages resulting.
III such benefits equal or exceed the dam
ages there can be no recovery for the lat
ter. T. 1t Is not error for the court TO in
struct the jury trying the cause that IF,
after considering all the evidence in the
case, you shall find that the evidence, upon
any question, Is equally balanced, YOU
should answer such question against the
party who has the burden of such issues,
for in such case there would be no prepon-
derance in favor of such proposition"
1888. Hogan VS.. State eX rel. Hendricks
c. G. Petition for rehearing overruled.
1926. Gormley VS.. Kirkland. Martin C..
c. Same.
1868. Hedrick VS.. Robbins. Marion S. c..
Motion to dismiss postponed until final
hearing.
Minutes
44O7. Mary A. Lusch VS.. James Pool ct al.
Huntington c. c. Appellants petition to
dismiss.
42l3. John Krause ct al. VS.. Board of
School Trustees. school town of Crothers-
Vile bartholomew c. c. Appellants pc
tition for oral argument.
1890. John Oathout ct al. VS.. Aaron NJ.
seabrooke ct al. Jackson c. c. Appel
lants motion to transfer.
44iI. William w. Demaree ct al. VS.. Will
liam A. Bridges. treasurer, ct al. Johnson
4515. Sovereign Camp. Woodmen of the
World. VS.. Rosa Halter. Vanderburg c.
c. Appellants reply brief (S)
4io2 Moves Carriage Company vs.. Ollie
b. Robbins. Elkhart c. c. Appellee's
1866, Laura B.. Thornburg. administra-
triN. ct al. VS.. Aetna Life Insurance Com
() on cross-errOrs.
! New Suits
44s7. Irene Casio ct al. VS.. Lysander Shew
ct al. VermilliOn c. c, Record. Assign
ment of errors. In term. Bond. Separate
assignment of errors by Irene Casio. Sep
arate assignment of errors by Jabez c.
Casio.
44SS. Alonzo w. Carr VS.. the Huntington
Light and Fuel Company. Grant S. c.
Record. Assignment of errors. Notice TO
Huntington county. Appellants brief (S)
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