The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-18
HIGHER COURTS RECORD.
STTPREMF COTTRT.

SUPREME COURT.
1850. Carter VS.. Butler ct al. Grant c. c.
Affirmed. Hadley, il. Where one APP
pointed as construction commissioner of
public ditch. upon objection being made BY
interested land owners 10 its acceptance as
completed when so reported by the con-
tractor. Joined issue with such land own
crs, employed an attorney and after trial
and the appointment and report OF en-
gineers was required by the court to have
additional work done in completing the
same, he was properly required TO pay the
costs of such proceeding, and was not en-
titled commissioner to an allowance for
such costs, his attorney fees, nor any other
expenses growing out of such contro-
versy. 2 Whether money paid to the
county attorney for experimenting the COM
pletton of such ditch after said order was
made was reasonably necessary to the pro-
per execution of the work was a question
of fact as TO which the decision of the trial
court on conflicting evidence is final. 3.
Notwithstanding such commissioners I'M
contradicted evidence that ne put i'm f44 DAYS
experimenting the ditch. the court, upon
proof that he tried TO accept it as COM
pleted within five and half months after
ii was begun, had authority TO cut his al
lowance down to compensation for seventy
two days. 1t might know that the commits
sioner was not required to put in every dag
1926 and 1896. Auditors VS.. Smith ct al
Marion s. c. Frank McCray granted leave
TO file brief.
1878. Heine VS.. City of Terre Haute Vigo
c. c. Petition TO advance overruled and
request for oral argument postponed.
1871. State VS.. Cary. Huntington c. c.
Certiorar granted and issued.
Minutes
1880. Wilton l. Hibberd VS.. Irene w.
Trask ct al Wayne c. c. Proof of publ
cation.
1888. George A. Rich. administrator, VS..
The r. & T. II. Railroad Company. Sulli-
van c. c. Appellee's brief GD
1926. William H. Hart. auditor. ct al VS..
Delavan Smith ct al: Marion S. c. Appel
lants printed brief 81
APPELLATE COURT.
1850 Marion Bond Co.. Trustee. VS. John
son. Marion S. c. Affirmed. Willy. C. j.
l. Under the Indianapolis city charter. as
amended in 1895 (Sec. 1916. Burns, 1890. lot
owner who had not signed a waiver or ex-
ercised or claimed the option TO pay in in
stallments had the right in a suit to fore
close street assessment lien against his
land to contest the amount of his assess
ment on the ground that it exceeded the
benefits. 2. Upon proof that his lot was only
benefited by the street Improvement to
the amount of 500 the lien was properly
forecosed for only that amount, although
the assessment sued on was for s267.50.
$40. Stanffer ct al. VS.. Linenthal Laporte
G. c. Reversed Robinson. il. Where a
property owner employed a broker TO sell
such property. agreeing 10 pay him GER
tain commission, and he did find a party
with whom such owner made contract to
sell the same. the brokers' commissions
were thereby earned. if the completion of
the sale was afterward prevented by such
;
any other cause the burden is on the owner
to show that fact. 2 Where the evidence
merely showed that property which such
purchaser proposed to trade for Defendants
property was subject to a lien, and that de-
PENDANT arbitrarily refused TO proceed to-
ward carrying out his contract of sale and
exchange. a verdict for the defendant in a
suit to collect the brokers' commissions
was improperly directed.
1861. Logansport and w. V. Gas Co. VS.
Coate Wabash C. c. Affirmed Black. j.
I Evidence in do
PENDANTS gas companys pipe out in the
street, and that after the gas had been en-
tirely cut off from plaintiffs service pipe
gas came into plaintiffs cellar through
assures in the ground sufficient to support
flame, will support a finding that the
presence of gas in the cellar which ex-
due to defendants negligence. 2 Where
the admission of numerous items of testi-
mony are all included in a single cause for
a new trial and objections are urged
against part of them only. for reasons that
apply TO separate questions and answers
and not to the entire examination OF a wit
ness, the objections to such evidence are
not available. s. Where the old. worn out
and defective condition of the gas main in
front of plaintiffs property, and defend
ants knowledge thereof were in issue proof
that there leaks therein at other
points of which defendant had notice was
competent 4. The fact that the negligence
OF a life tenant of the property concurred
with that OF defendant in causing injury
would not relieve defendant of liability TO
the remalnQerman VINO mad no control or
direction over such life tenant.
1855. Roberts VS.. Sutton. Grant c. c. Ap-
peal dismissed with leave to withdraw rec
ord.
43ls. sylers ct al VS.. Keiser Upton c. c.
Appellant granted leave to file brief
1853. Standard Oil Co. VS.. Foppiano
Marion c. c. Appeal dismissed by appel
4O51 Coffinberry VS. Mcclellan. De Kalb
c. c. Certiorari granted.
S497. Duckwall VS.. Williams Delaware c.
a for hon rir1
4101. Ellison vs.. Towne. Allen G. c. APP
pellants motion for reversal postponed till
final hearing.
S7l6. Bank of Frankfort ct al. VS.. First
National Bank ct al. Clinton c. G. Re
hearing granted.
1910. London Guarantee. etc. Co. VS.
Slwy. Lake c. c Petition to substitute
briefs granted.
1850. Lane VS. Bowes. Elkhart c. c. APP
pellee granted leave to file brief and brief
ordered filed.
$3.50 Smith ct al. VS.. American Crystal NJ.
Co: Petition for rehearing overruled.
42sS, Diamond F. G. Co. VS.. Boyd. Black
ford c. c. Motion to strike appellee's brief
from files postponed until final hearing.
Minutes
4O54 Henry ". Baker VS.. George S. Han
cock Washington c. c. Appellee's petit
ton to transfer TO Supreme Court
Elizabeth Bowers. Elkh a' e. e G. Appel
lees petition 10 file brief. Granted. APP
pellee's brief S)
Frank Leslie. Gibson c. c. Appellants
brief for supersedeas
3I25. Postal Telegraph Cable Company
vs.. c., l. & L. Railway Company et al.
Lake c. c. Appellants additional authori-
ties (S)
1867. South Bend Pulley Company ct al.
VS.. Fidelity and Deposit Company OF Mary
land. ST. Joseph c. c. Appelee's petition
for additional time
1854. Bette Monroe VS.. The City OF Bluff
ton Wells c. G. Appellants brief (S)
1913. Frank r McCaber ct al. VS.. Wilbur
F. Browder, administrator. Marion c. G.
Appellants petition TO transfer TO Supreme
Court.
1898. Samuel n. Hague et al VS.. State ex
rel. Board OF School Commissioners Of the
City OF Indianapolis Hendricks c. c. APP
pellants' petition and brief 90 for rehear-
ing
New Cases
4479. Charles Pitzele VS.. Louis Reuping.
Lake 5: c. Record. Assignment. Notices
CD below. Appellants brief (SD
1850. Edward e. Trent ct al. vs.. Andrew
]. Edmonds. owen G. G.. Record. Assign
ment. Errors. Notice. Notice TO co-ap-
pellant served.
isl The Indianapolis & Greenfield Rapid
Transit Company Jacob NJ. Haines.
Henry c. c. Record. Assignment. Errors.
In term Bond.