The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-20
AGAINST sTREET-cAR COMPANY.
Supreme Court Amrms Judgment Re
covered by samuel j. Wilson.

covered by Samuel j. Wilson.
BY q divided report of the judges judg-
ment Cor $500 damages against the Indian
apolis Street-railway Company. recovered
by Samuel j Wilson on account of election
from virginia-avenue car. was affirmed
yesterday by the Supreme Court. The
opinion was written by Judge Jordan and
concurred In by Judge Hadley. Judge Dow
ling concurred in the result. and Judge
Monks and Judge Gillet gave notice that
they will file dissenting opinions.
Judge Jordan said that after the appellee,
a passenger. had paid his fare. and asked
for a transfer to the proper line, it was
the duty of the company to carry him on
that line If he presented the transfer check
given him by the conductor, and he was
not bound to inspect his check and call for
the correction of mistakes 1t might con-
tain. He said:
Appellee had nothing to do with the
preparation Of the ticket. The
many words, figures, spaces and abbrevfa-
tions VIII IN the ticket furnished by appel
liant to appellee contained would prima facie
be unintelligible to many persons, and GER
tinly Ii would be an unreasonable IMPOSE
tion to require of a passenger upon receiv-
ing one Of these tickets the duty to inspect
the same in order to discover IL the con-
ance of his duty.
"A mere passenger is not, In the eyes of
the law. either presumed or bound to know
the meaning Of the various figures, abbre-
viations, punch marks and other mystic
symbols which the transfer ticket in ques-
ton contained. Where a passenger
Is aboard the cars OF the carrier without
the proper evidence of his right of passage.
which Is due to the mistake or fault of the
carriers agent. the agent must heed the
reasonable explanations OF the passenger to
the ticket in dispute"
FAvoRs RICHMOND PEOPLE.
The Appellate Court yesterday reversed
q judgment forbidding the Richmond Nat
ural Gas Company to use pumps or COM
pressors TO stimulate the flow OF gas from
its wells in Henry county to the city of
Richmond. thirty-eight miles away.
The suit was brought under the act of
1891. which forbade the transportation of
gas at very high pressure by means of
pumps But the Appellate Court holds
; this act not to forbid the use of pumps at
all. but only TO authorize an injunction
suit on behalf OF one who shows that he
Is injured or his rights are threatened by
the defendants pumps.
Ii said that there was nothing in the
special findings indicating that the Rich
mond company was pumping or threaten
Ing 70 pump gas out of its wells, as to
diminish the rock pressure, or to force
gas through its mains at such a high pres
sure as to threaten any OF the PLAINTIFF
property.
But II appeared that the pumps were To-
Gated a long distance from the wells and
only small part or the gas which natur-
ally flowed TO them was forced through the
pipes beyond them. The statute on which
this suit was based was amended by an act
which took effect two weeks ago, so as
TO omit all provisions forbidding the use
OF pumps lin transporting gas.
The Appellate Court yesterday affirmed a
Judgment holding that sale of books by
Manson u. Johnson to a township trustee
and the notes given In payment for them
were void. Ten sets of THE Peoples Stand
ard History OF the United States and BIZ
-ography of South Africa" were purchased
TO supply the ten schools I'm Steen township
Of Knox county.