The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-19
HIGHER COURTS RECORD.
SUPREME COURT.


1882. Indiana Power Company VS.. St.
Joseph, etc. Company. st. Joseph c.. c.
Affirmed. Bowling. il Where the con-
fict is between parties seeking TO con-
denim land under the statutes for hydraulic
purposes the person who first makes a loca-
ton in accordance with the statute shall
prevail. ?. Where in condemnation pro-
ceedings for the construction of a dam for
hydraulic purposes only land is taken the
appraisement includes only the value OF the
land.
Clay c. G. Reversed. Hadley, il. The
erection and maintenance Of a permanent
building across a public street. thereby clos
ing ii against travellers, is a public nuisance
subject to indictment and abatement by the
State. 2. An individual may recover dam
ages from the author Of a public nuisance
when he has sustained some particular in
jury differing in kind from that of the gem
eral public. 3. When land is plated into
lots. streets and alleys and recorded the
act is accepted as a dedication by the own
er to the public of a continuing right to
travel such streets and alleys. and a con-
veyance of such a lot abutting on such a
street carries with it not only the fee in
the soil to the center of the street, but also
the right TO use such street as dedicated
in perpetuity for the purpose of egress and
ingress TO the premises.
1865. Kent vs. SigIer. Newton C. c. Pc
tition for rehearing overruled.
Minute
1859. William II. Hart, auditor of state,
VS.. State ex rel. Margaret Hite ct al. Ma
rion c. c. Appellants petition. Affidavit.
Notice for certiorari.
APPELLATE COURT.
35G9. Atlanta. etc. Company VS.. Boyer.
Upton {. c. Affirmed Henley, jim an
action against a gas company for damages
on account of an explosion caused by nat
ural gas escaping from the mains into the
injured persons cellar by the acts of 1899
Z. IS and 50, contributing negligence is
made a defense, and it is not necessary as
a part of plaintiffs cause of action to aver
and prove freedom from contributing fault.
1913. Mutual. etc, Association VS.. Coul-
ter. Clinton c. G.. Reversed per curiam.
Reversed upon authority of 12 Ind, 197, and
81 N. E. r.. II
1922. Union, etc, Insurance Company VS..
Evans. Delaware G.. G.. Affirmed. Black.
il. The bill of exceptions containing the
evidence must be shown to have been filed
TO become a part OF the record. 2. 1t Is
only when the special findings are incon-
sistent with the general verdict that the
latter will control.
4Ol. Salem, etc, Company VS.. Hobbs.
Lawrence C. G. Affirmed. Comstock, c.. J..
The only effect of an appeal to a court
of error when perfected is TO stay execution
upon the judgment from which it is taken.
In all other respects until overruled or re-
versed it stands binding upon the parties as
to any question directly decided.
3446. Efroymson VS.. Smith. Marion s. G.
Affirmed. Roby, il. The trial court may
allow plaintiff to amend his complaint after
the evidence has closed. 2. Demurrer to a
complaint does not apply to an amended
complaint. 3. If a complaint is questioned
for the first time on appeal 1t is sufficient
If 1t states facts sufficient 10 bar q second
action. 4. A principal is responsible for the
acts Of his agent performed while engaged
in the discharge Of duties within the gen.
eral scope of the agency, although the par
ticular act was wiliful and not directly au-
thorized. s. Instructions should be taken
together.
1898. Wabash Railroad Company VS.. c.,
r. & M. Railroad Company. Miami G. G..
Dismissed. Robinson. P. excep-
tons are fled to an award of appraisers i'm
proceedings in condemnation for the con-
struction of q railway il requires some
action of the court before the award is ef-
~fective, as the fling of exceptions is an
appeal to the court TO review. and until
the award is finally disposed of no appeal
will lie to this court.
3245. Citizens Street-railroad Company
VS.. Shepherd. Hamilton c. c. Petition for
rehearing overruled.
Barnes. Montgomery c. c. Motion TO
strike out parts Of reply brief overruled.
1884. Board of commissioners VS.. Man
key. Warren c. c. Advanced.
Minutes
1921. Addison b. Mickey ct al. VS.. An
thony Zonker. Steuben g. c. Appellee's
brief. Application for supresedeas.
1868. Letta A. Fouts ct al. VS.. Frank NJ.
Millikan. Tippecanoe c. c.. Appellants re-
ply brief on motion to dismiss.
1861. The indianapolis Street-railway Co.
VS.. Louise Fenner. Marion S. c. Appel
4Si9. Ezra F.. Robards VS.. indianapolis
Street-car Company. Marion c. c. Appel
lees brief.
Laughlin. Madison c. c.. Appellants petit
tion for index.
1855. Joseph A.. Roberts VS.. Robert SUIT
ton ct al. Grant c. c. Record. Assign
ment of errors. In term. Bond.