The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-21
HIGHER COURTS RECORD.
SUPREME COURT.


1884 School Trustee VS.. School Town.
Allen G. G. Affirmed. Bowling, G. J.-Where
a school township builds a building for
school purposes, and afterwards town
was Incorporated, the boundaries OF which
included the school property, such town
was not bound to pay the Indebtedness for
the school property before II could take
possession of 1t.
missed. Monks, This case is dismissed
upon the authority OF No. 1910. decided this
term.
1851. Elk rel. City VS. Indianapolis Union
Railway Company. Marion c. c. Leave to
file brief amicus curial granted. Appellees
stven thirty days to file reply brief.
3714. Moon VS.. Pfttsburg, etc, Co. How
ard 5. c. Motion for rehearing of motion
to transfer denied.
1861 State ex rel. the City of Indanapo-
lis VS.. the Indianapolis Union Railway
Company. Marion s. c: Petition of e. d.
Salisbury for leave to file brief
APPELLATE COURT.
1924. Frank Bird Transfer Company vs.
Krug. Marion C. c. Affirmed. Comstock ].
Il. A common carrier is bound to the high
est degree of care to protect its passengers.
2. And the passenger has the right to pre-
sumo that the carrier will exercise this de-
gree OF care towards securing his safety.
3. Where a person is q passenger in a
coupe and directs the driver thereof to go
upon railroad tracks the railroad company
vent injury to such person. 4. When APP
pellant attempts to present a constitutional
question and the cause is transferred to
this court by the Supreme Court it will be
presumed that such court disposed of the
constitutional question adversely to ap-
pellants contention. 5. passenger, IN
sponsible for the negligence of the driver.
in causing a collision with a street ear by
merely directing such driver to the point
she desired to go; the negligence of such
6. Where an injury is caused by the joint
or concurrent wrongful acts Of two or more
persons they may be prosecuted jointly or
severally. z. In an action for personal
injury the burden of showing contributory
negligence is upon the defendants.
4240. Turner VS.. Heinburg. Porter G; {.
kyns rssTe as
terest In lands of which the wife was seized
during marriage and In the conveyance OF
which the husband did not join, nor is there
any statute vesting in the husband an in
terest in the wife's lands sold on judicial
sale. corresponding to Sections 2652 and 1863.
Burns, 1901, in behalf Of the wife. 2. A per-
son can only redeem from sale OF lands
where he has some interest to protect and
where he would suffer damage without
redemption. 3. At common law the husband
had no vested estate I'm the wife's land un-
til there was issue born by the marriage.
L. There Is no statutory provision by which
he takes an interest in his wife's lands by
virtue of his marital rights, nor is he
est in her lands sold at judicial sale.
1850. Godbury vs.. Ohio, etc, ms. Gas Co.
Blackford c. c. Affirmed. Henley, p. jim
the absence of an express declaration there
is no implied covenant In a lease for gas
privileges that the lessee will operate a
gas well located on the leased premises
1896. Tin Plate Co. VS.. Williams. Madison
s. c. Affirmed. Black. il. The general
verdict controls when there is no antagon-
ism between Ii and the answers to interro-
cations propounded to the jury. 2. Evidence
is not in the record when IL Is attempted
to be brought in merely by the method
provided by Section of the act OF 1899 re-
lating to making the evidence a part of the
record. 3. IL must appear that the bill OF
exceptions contains all the evidence In
order to get the evidence considered on APP
peal 4. A particular ruling upon evidence
admitted may not be saved for review by
merely bringing to this court fragment
| of the evidence consisting of one question
propounded to witness ana his answer
| thereto.
4212. Jones VS.. Mount Blackford c. c.
Petition for rehearing overruled.
Minutes
1866 John T. Phillips, executor. ct al. VS.
Daniel A. Heldt ct al. Vanderburg G. c.
| Brief (9 for appellant Union Christian Col
lege.
1857 Amos G. Gwinnup VS.. John SHES
Madison 8. c. Appellants brief S)