The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-27
HIGHER COURTS RECORD
SUPREME COURT.


19s4s. Desgain VS. Wessner. Blackboard
Z. c. Reversed Gillet J.-Money lost and
paid by virtue of a bet or wages on a
9wrestnng match can be recovered under
20lA. De Mott VS.. City OF Valparaiso
Porter Z. G. Reversed. Bowling J.-Where
city has right under contract to pur-
chase waterworks system, but has not i'm
pressed its interest in the property with a
publ, -se, IL may sell and transfer such
right under its general power to sell and
convey property which has not been dedi-
Gated 10 public use.
zlel. jaws, receiver VS.. Hitch Gibson
consisting OF a steam engine placed on
one end OF a fiat car and used in driving
piles upon railroad is not locomotive
engine within the meaning of the fourth
subdivision OF Section 1883. Burns, 1901.
2OOlO- C., c., c. & st. L. Railway Com
pany VS.. Wisehart. Henry c. c. Reversed
Jordan il In an action asking dam
ages on account or defendant by artificial
means I'm flowing from a natural water
course on plaintiffs lands in the construc-
ton of an embankment authorized by law
10 De built, plaintiff must aver that the
act complained OF was willfully or negligent
ly done to the injury of plaintiff.
,, aoloo American Rolling Mil Company VS..
Hiilinger. Delaware c. c. Reversed. Gill
lett i'll. When Section of the act of
1873. known as the employers liability act
was repealed the common law doctrine of
assumed rfsk became part or the section
that created the liability. 2 A complaint
Tor personal injury is insufficient where
II shows that plaintiff voluntarily en-
countered the danger which caused the in
jury.
1898. Desgain VS.. Mccormick. Blackford
c. c. Reversed. Gillet J.-This cause Is
reversed upon the authority of Desgain
vs. Wessner. No. 1994S decided at this term.
1873. Donaldson VS. State ex rel. Taylor.
Lawrence c. c. Affirmed Monks c. il
Where foreigner became a bona fide resi-
dent or the United States in 1861 and re-
NAMED until 1896, when he returned to
Scotland and died in 1898. subject of
One ID and h.
and ls76 acquired lands in Indiana by deeds
OF general warranty and held the title
thereto until his death, at no time having
declared his intention TO become a citizen
OF the United States, conformably to the
act of Congress, and died intestate, leaving
as his next of kin descendants of his broth
his death and ever since have been resi-
dents of Scotland and subjects OF the
monarch OF Great Britain and Ireland. at
not pass TO his next of kin under the laws
OF descent OF Indiana, but the land
escheated to the State 2. Every State and
ing the manners and terms upon which
property, real or personal. within its do
main may be transmitted by inheritance or
last will and testament. and OF prescribing
who shall and who shall not be capable OF
transmitting taking il.
1884 Adams Express Company VS.. The
State jackson C.. G.. Affirmed. Bowling j.
The act OF 1901 (acts 1901, Page 149) pre-
venting unfair unjust Determinations
oy one express company or combination OF
express companies acting common car
riers against any consignor or other re-
sponsible company engaged in the same
business Is constitutional. and does not
violate the constitutional provision for
bidding the passage of local or special laws
for the punishment OF crimes and INSIDE
meanors. The penalty provided in Section
OF said act Is recoverable by a civil action
and not by criminal proceeding, and said
act was enacted by the Legislature in the
legitimate exercise of its police powers for
the protection OF the public welfare.
1880. Sprigg VS.. State ex rel. Commits
sioners. Jasper c. G.. Petition for rehear-
ing overruled Bowling i'll. The statute
does not contemplate the collection OF the
costs advanced by a county, in the work
OF establishing drain. by means OF fee
bill. 2 A bond voluntarily given, where
not contrary TO law. Is valid IL IL is based
tion for rehearing will be overruled when
the court Is satisfied that the views an
pounced In the original opinion are correct.