The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-12-01

The right to challenge Juror for disquali-
ncation is held. In Queenan vs. oklahoma
tOkla.) 81 L. r. A. 32 not TO be constitutional
right which cannot be waived. but to be
statutory right which may be waived by de-
PENDANT or his counsel.
A chartered street railroad is held In Savannah.
T. & !. of H. r. Co, VS. Williams tGa.) L. r.
A, 24s to be railroad company within the
meaning of statute making railroad companies
liable to servant for Injuries inflicted Oy
the negligence of fellow-servant.
subscription contract to pay money for the
cost of a railroad in consideration of its equip
msns and the running of trains on or before
CTex.) 81 l. A R., 342 not to- be enforceable
IL the road is not completed by the time speci-
fed, since time is of the essence of the con-
tract
Where property intended to be covered by the
policy has been DESTROYED, and its owner has
value, IL is held in Insurance Company of North
America vs. Sehall Md 81 l. r. A. 300. that
of not sae tS h III
ions of contract to insure.
One who pays brakeman passenger
train sum of money be carried to certain
point, and is told to ride upon the platform
OF the baggage car. and get of the train at all
such instructions, is held. in Mendenhaii VS..
Atchison, I. e. S. F. r. Co. (Kan) 81 l.. r. A.
TO- not to be passenger
Public property owned by a subschool district
and used exclusively for purposes of public edu-
sation Is held in Pittsburg VS. Sterrett Sub
subject to local assessment for a municipal
Improvement where the statute does not ex-
ton suh @ se Of 1 the sne
| Good faith on the part of the applicant for
insurance in denying the existence of bodily
lnfirm1ty is held in Standard Life and A. Insur-
ance Company VS.. Sale &C. c. A. 9th c. 81 L.
K. A SSl. not to prevent its rendering the policy
void. where the policy expressly states that, II
statement of it's nonexistence shall be untrue
In any respect, the policy shall be null and void.
In prosecution for manslaughter the
ground that deceased was killed unintention-
| ally while the slayer was in the commission OF
an unlawful act II is held, in Johnson VS.
| State (Ohio) 81 l.. r. A. 277, that 1t must be
shown that the alleged unlawful act is pro-
hibited by law. The other authorities on the
| question Of negligent homicide are coated in q
note to this case.
An application for insurance on a single
sheet containing at the bottom a promisory
note intended TO secure assessments, is held, in
rockford VS. MCGEE Is. ID 81 L. r. A. 3s5
OF the note is material alteration, so that Ii Is
VOID even In the hands of bona fide holder
ne Il the aener as written below
Is sucn that the applicant is not guilty Of negli.
gence In signing 1t.
Land in possession of persons prospecting TO,
OIL thereon with the intention of locating 1t as
mineral land is held. in Cosmos Expior atior
Company VS.. Gray Eagle Oil Company &C G.
A 9Th CO 81 l.. r. A 230, not to be vacant
and open to settlement, within the meanins
thereof for land within a forest reserve al.
though no oil or mineral is known TO exist
records of the land office. ~ '"'
A passenger going upon railroad train II
neid IN Kansas City. Fort Scott & M r. Co
VS.. Little tKan.) 81 L. r. A. 122 to have q
local ticket agent that such train will stop at :
certain point to which he has purchased ticket
ana desires to ride; and the company is held
peIore reaching his destination, because the gen.
eral rules of the company unknown to the pas
sen cg snch train is not scheduled stop a.