The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-30
HIGHER COURTS RECORD.
SUPREME COURT.

19S09. c. & Z. r. r. Co. VS.. Lesh. Miami
c. c. Affirmed. Monks. Jan ordinary
wind which carries fire from a railroad
right of way and communicates the same
TO adjacent property is not an independent
intervening agency so as TO relieve the rail-
road company from liability for the dam
ages done.
1871 Lamott VS.. Meeker. Wayne c. c.
1879. Bolton VS.. Clark. Park c. C. Petit
ton for certiorari postponed for notice.
Petition for additional time granted
19OS5. City of Terre Haute Kersey.
Vigo c. c. Oral argument postponed to
1850 Elk rel. City of indianapolis VS.. Gas
Company. Marion c. c. Oral argument
postponed to May 16. 1902.
Minute
1884 Robert F. Catterson ct al. execu-
tors. VS.. Harry Bradley ct al. Bartholo-
NEW c. c. Petition for leave to index
record.
New Case
1878. Emmett H. Scott ct al. VS. The City
of Laporte ct al. Laporte c. c. Record
Assignment Of errors. Joinder. Submitted
by agreement.
APPELLATE COURT.
1916 Town of Lewisville VS. Batson.
Henry c. c. Reversed. Robinson, p. j.
l. The fact that a bill of exceptions con-
tains other matter than the evidence does
not affect it a bill containing the evil
dence. 2. A municipality cannot be held
liable for injury from an obstruction placed
had actual or constructive notice of the
obstruction If it had actual notice it must
be given a reasonable time in which to re-
move the obstruction, and if obstruc-
ton has existed for such a length of time
that the municipality or its officers might
have obtained knowledge of it by the exer-
else of a reasonable degree of diligence
and attention to the condition of the streets
knowledge of the obstruction will be i'm
piled. 3. When the time between placing
an obstruction upon sidewalk and receiv-
q N n
that the town could have no constructive
notice thereof, in the absence of actual no.
tice, 1t is not liable for the injury.
4212. Jones Mount. Blackford c. c..
Affirmed. Henley, jim an action to quiet
title TO real estate which is described as
follows: THE west half of the southeast
quarter of Section s. township Is north.
Range II, east, in Wells county, Indiana,
except ten acres around well Number IT,
the description is too indefinite to base a
valid decree upon.
1923. Smallwood VS.. Bedford Quarries Co.
Lawrence G. G. Affirmed. G.. il. At COM
mon law a servant cannot recover from
his master for injuries caused by fellow
servant. 2. Servants employed in the same
general line of duty are fellow-servants,
although one may be supervisor and the
other may be a subordinate under his i'm
mediate control.
1858. Man VS.. Town of Rochester. Cass
c. c. Affirmed. Black, J.-Under Burns,
lating to the making of contract by the
trustees Of water works companies are ap-
plcable to the board of trustees of a town.
And in the construction of a waterworks
system a contract shall be made and an
acceptable bond shall be received before
the bidder for the work shall acquire any
right to perform the work His right is
not 10 be fixed by the aScertalnment that
he is the lowest bidder. If in the opinion
of the board of trustees such bidder cam
not be depended upon TO do the work with
ability prOmptnesS and fidelity, they can
give the contract to the next lowest bidder
or decline 10 contract and readvertise for
bids. 2. Until the agents of a municipality
have exhausted their official discretion in
the execution of a contract the corporation
is not irrevocably committed as a contract
ing party.
S5s5 Hogue VS. State ex rel School Com
missioners. Hendricks G. G. Affirmed.-The
sureties upon the official bond of the treas
urer of a school board of a city organized
under the general statutes is liable for
which come into the hands of such treas
urer such official.
$3.50. Coal Co. VS.. Wells C. C. Petition for
| rehearing overruled.
1906. Leach VS.. Williams. Johnson c. c.
Appellee granted fifteen days to file brief.
4131. Tribe of Ben-Hur VS.. Klinefelter.
| Lake S. c. Dismissed on motion.
1890 Jacobs VS.. Joley. Tippecanoe c. c.
| Petition for rehearing Overruled.
1867. Pearson VS.. Kepner. Miami c. c.
| Same.
/ c.. Motion TO dismiss overrued.
1870. Baertz VS.. Schmidt. Laporte S. c.
| Motion to dismiss oVerruled.
423O Radke VS.. Schmidt. Laporte S. c.
| Motion to dismiss overruled.
4401. Voliva VS.. Mofftt. Fountain C.. c.
| Motion to dismiss overruled and leave
granted to file corrected briefs.
42O5. B. & o. r. r. Co. VS.. Daegling. Lake
| s. c. Leave TO file reply brief denied.
1898. Crew. Levick 81 Co. VS.. Sager. Por-
! ter c. G.. Publication ordered
43l6 Union Life ms. Co VS.. Jameson.
Allen s. c. Leave to print brief granted.
| 1923. c.. c., G. q st. L. Ry. Co. VS.. Scott
! Clinton c. c. Oral argument May 13 1902.
Minutes
! 1880 State ex rel. Adah Lanney VS.. Au-
| gust Lanney. Blackford c. c. Appellant S
| reply brief.
4402 Moves Carriage Company VS. Ollie
| B. Robbins. Elkhart c. c. Appellant S
| brief.
1886. Jefferson r. Hildrup VS.. Town of
| Windfall ct al. Upton c. G. Appellees'
\ additional authorities.
4275 Mary II. Haugh ct al. VS. Maria p.
| Smelser ct al. Rush c. c. Appellees brief
1921. Addison B. Mickey ct al. VS.. An
| thony tinker. Steuben G. c. Appellee S
| petition. Notice Brief for certiorari.
1901 Citizens Street-railway Company ct
| al. VS.. John Mairel. Johnson c. c. Appel
! lees brief
1904 Volney T. Malott Receiver T. H. &
| ]. Railroad Company, VS.. State rel
| Board of Commissioners Of Clay County
| Clay c. c. Appellees brief.
1927. Henry c. Kirnble ct al. VS.. Board
| of Commissioners of Franklin County
| Fayette c. c. Appellee's brief.