The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-09

a person has knowledge of and fully APP
preciates a danger. and under such cir
compelling him. exposes himself to such
danger peril, his act in the premises Is
voluntary, and contributory negligence in
such a case cannot properly be said TO
be element therein, for the voluntary
act of a party in exposing himself TO a.
known and appreciated danger is wholly
incompatible with an act or negligence or
carelessness. ,. Carelessness in regard 20
a matter is not the same as the exercise
OF deliberate choice in respect thereto.
g. A traveller on a public highway having
knowledge of defects distractions there
and from which he receives injury
is not barred from bringing an action on
account of such injury merely by reason OF
such knowledge. But knowledge is a fact
to be considered in determining whether
such person was free from contributory
negligence, and under the act of 1899 the
burden is upon the defendant in such case
TO prove contributory negligence. and
plaintiff is relieved from averring in her
complaint facts showing that by volun-
tarily going upon such obstruction she did
not thereby incur the risk incident to the
encountered danger.
1916. Hague VS.. National Bank. Hunting
ton c. c. Affirmed. Hadley. c. J.-Where
complaint is in two paragraphs and the
assignment of error is that 1.-The court
erred in sustaining the demurrer to the
amended complaint, If either paragraph
is sufficient the assignment of error fails.
2. To constitute a valid complaint for re-
view of judgment enough of the issuable
facts OF the former case TO show the
grounds, effect and limitations of the rul-
ingS complained OF must be set out In the
complaint. together with the nature OF the
rulings and exceptions. so that the court
may be able to see from the body OF the
complaint itself without referring to ex-
hibits filed Herewith that plaintiff is en-
titled to relief against an error that has
been committed by the court against him.
1899 Construction Company VS.. Electric
Company. Hancock G. c.. Affirmed
Monks. J.-Where an attorney having au-
hnV Co. IATA
to the taking of dispositions and to the
continuance of the cause, the defendant is
within the jurisdiction of the court so as
to support a judgment taken by default
Minutes
1878 Charles Voss ct al. VS.. The Water
loo Water Company ct al De kalb Z. Z.
Appellees' brief (S)
29O5s Elbridge G. Graham VS.. Sarah A.
Lob ct al. Jennings &C. Appeilees' brief CD
New Case
20072 The Board of School Commission
ers of the City of Indianapolis VS.. Conrad
| Bender. Marion S. c. Record. Assignment
of errors. In term. Bond.
APPELLATE COURT.
1919. Spears VS.. Thompson's Estate. Hen
| bricks c. c. Affirmed. Roby. {. jim an
| action against an indorser by the indorsee
of a promissory note an extension OF time
for payment of the note must be consistent
with the exercise of diligence in attempt
| ing to collect Ii from the maker.
| 4244. Perry VS.. Fisher. Jasper c. c. At
| firmed. Robinson, il. In the absence of
a provision in a real-estate mortgage au-
thorizing foreclosure for nonpayment of
annual interest the statute Burns. 1901.
| Sec. 1116) authorizes the foreclosure OF
such mortgage for such nonpayment. 2.
| The assignment of note secured by a
| mortgage carries with 1t the mortgage.
3. Under the act of 1899 (Acts, 1899. +. 1919
| the assignment of mortgage must be in
| writing and il must be made either upon
! the margin of the recorded mortgage or by
| separate instrument duly acknowledged
| and recorded within certain time.
| $751; Indianapolis Street-railway Com
| pany VS.. Hockett Marion S. c. Petition
for rehearing and to modify mandate over
ruled.
| Minutes
! 45i3. Republic Iron and Steel Company VS..
Charles Berkes. Lake e. e. Appellee's Pc
| tition for additional time, etc. Petit
ton granted and thirty days given to hle
brief.
45l1. Hammond. Whiting & East Chicago
Electric Street-railway Co. VS.. James >.
Eads Lake c. c. Appelee's brief 6)
4275 Mary H. Haugh ct al. VS.. Maria p.
Smelser Rush c. c. Oral argument post
pOned to Jan. l6, 1903.