The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-26
HIGHER COURTS RECORD.
SUPREME COURT.

2Oo41. Cooney VS.. American. etc, Co. st.
Joseph c. c. Affirmed. Hadley, Jan ex-
ception TO the conclusions of law is a part
and cannot be made part by bill of ex-
ceptions.
2Ooss. indianapolis st. Ry. Co. VS., Hook
EFT. Marion S. c. Petition for rehearing
overruled.
1914. Rubey VS.. Hough. Randolph c. c.
Motion to reinstate overruled.
Minutes
20149. Della M. Studebaker VS.. the Board
of Commissioners OF the County of Wells
torneys' record served
20110. Hugh G.. Keegan, trustee. etc.,
Hamilton National Bank. Allen c. c. APP
pellant's brief 81
New Cases.
2Ol52 L. E. & w. R. R. Co. ct al VS..
Frank h Holland Marion g. C. Trans
ferred from Appellate Court, No. 1924
2Ol53 Barton w. Quinn VS.. c. & E. r. r.
C Co jay o G. at 81 Transferred from Appellate
2Ol54 Wark L. De Motto ct al. VS.. City of
valparaiso Porter c; C Transferred from
APPELLATE COURT.
AIS. De Motto VS.. City of Valparaiso.
Porter c. c. Petition to remove to S. G.
granted.
4i61. Fritzinger VS.. State ex rel. Eckert
Adams c. c. Affirmed. Robinson, c. j.
/. Ii is not error to refuse an instruction
that will give or have tendency to give
the jury to understand that the preponder-
ance of evidence Is to be determined by
the number Of witnesses testifying on each
side. 2. To present for review the miscon-
duct of the trial court and making certain
remarks during the trial of a cause an
exception must be taken to the action of
the court. 3. In an appeal under Section
642, Burns 1901, the Appellate Court will
consider only such objections to the admis-
sion or exclusion of evidence as were pre-
sented to the trial court. 4. This court
cannot review the action of the trial court
in overruling a motion to strike out "all
the evidence" of a certain witness when the
bill of exceptions sets out only part of
the evidence given by the particular wit
ness. 5. 1t is not error to refuse to give
an instruction when the substance of the
material part of the instruction is contained
in instructions that are given.
1924. l.. E. & w. r. r.. Co. VS.. Holland
Marion s. c. Transferred to s. c. per
upon the correctness of the judgment of
the trial court the case will be transferred
to the Supreme Court.
44a5. Quinn VS.. G. & E. R. Co. Jay c. c.
Transferred to s. c. per curtain. When
this court is equally divided upon the cor
rectness of the judgment of the trial court
the case will be transferred to the Supreme
Court.
47S4. I. & v. r. r. Co. VS.. l. & M. T. Co.
Marion c. c. Reversed Roby, il. I'm
der the act of 1901 the right given electric
railways to cross intersecting highways
and railroads does not purport to authorize
the appropriation of right of.way by such
company longitudnally In whole or In part
land which has heretofore been appro-
priated to public use must be conferred by
the Legisla ture in express terms or by nee
essary Implication.
1851 indianapolis st. Ry Co. vs. Tenner
Marion s. c. Reversed. Wiley, il. When
person aights from a street car upon a
street he at once becomes traveller upon
public thoroughfare, and as such the law
casts upon him the responsibility of his
surrounding environments. And In crossing
the street over street-car tracks he is under
obligation to use ordinary care and pre-
caution for his own safety, and such or
binary care and caution must be measured
by the situation In which he is placed and
the surrounding conditions that confront
him. 2. Where the answers to interroga-
tories are antagonistic to and in irrecon-
cilabe conflict with any material fact found
by the general verdict the special verdict
will control the judgment.
Ass. Callicolt VS.. Allen. Vanderburg s..
c. Petition for rehearing overruled.
Marion S. C. Petition for rehearing granted.
1873. Sisson VS.. Caruthers. Vanderburg
c. c. Certiorari granted and issued.
Minutes
4756. Frederick Schneider ct al. VS.. Albert
r. Worm. Marion S. c. Appellee's cross
errors.
1914. Mollie w. Wilkinson VS.. Henry P.
Vandermark ct al. Whitley c. C. Appel
lees brief 50
Benjamin w. Couch. Delaware c. c. APP
pellants reply brief (S)
4767. Union Traction Company of Indiana
VS.. Alfred Forest. executor, etc. Hunting
ton G. c. Appellants brief (S.)
AIS. The indianapolis Street-railway
Company VS.. Christian Ahrens. Marion s.
c. Appellants brief (S.)
1886. Jacob Newman eft al, surviving
partners, etc. VS.. Harry b. Gates. Marion
S. c. Motion to modify mandate. Notice
and brief (S.)
4739. State. for the use of Quincy Cram,
drainage commissioner. David A. FL
lott ct al. Marshall c. c. Appellees'
brief 81
New Suits
4s7O. Anna H. Bryson ct al. VS.. George F.
Assignment of errors by Anna u. Bryson.
Assignment of errors by Frederick @. Bry-
son. Assignment of errors and cross errors
cross errors by appellee. Joinder in as
signment of errors OF Bryso, and Zeitler.
Jonder in assignment of cross errors OF
Zeitler. Joinder in assignment of errors OF
Zeitler. Submitted by agreement.
4S76. Terre Haute Electric Company vs.
Anna NJ. Kelly. Vigo G. G. Record. As
signment of errors. In term. Bond.
4s72. Indianapolis Greenfield Rapid
Transit Company VS.. Thomas B. Derry.
Rush c. c. Record. Assignment OF errors.
In term. Bond.
4S73. Joshua s. Sisson ct al vs. Joseph
Carthers ct al. vanderburg c. c. Trans
ferred from Supreme Court, No. 20l14 Ger
tiorari granted and issued.