The Indianapolis journal., 1903-06-04
HIGHER COURTS RECORD.
SUPREME COURT.

2oOA Citizens Street r. r. Co. VS. Mar
vii. Johnson c. c. Affirmed. Monks, G.
il. In an action for personal injuries
caused by driving In a depression in a
street, caused by the negligent failure of
the defendant to fill an excavation which
1t had made, 1t Is not necessary to allege
that such party had notice OF such de-
preston. 2. 1t is the duty Of company.
in making and filling an excavation In
street, to anticipate and provide for the
natural effect of rains upon earth placed
in such excavation, and it is liable for any
injury resulting from its negligent failure
to do so. 3. Where defect In highway
results from the acts or a railway company
In negligently making the original con-
sary in an action for an injury caused by
such defect 4. Leave to file a bill OF ex-
ceptions must be secured at the time the
court rules upon the motion for a new trial.
in the manner provided by statute.
BOOST. st. Clair VS.. Marquell. Delaware
C.. G. Reversed. Dowling, J.-Where
person executs deeds of conveyance and
places them in the hands Of a person for
delivery to the respective grantees after
his death, such deeds convey the property
therein described, and the mere fact that
Of the grantor returns them to him does
not affect the title conveyed.
1894. Conner VS.. Land Company. Allen
S. c.. Transferred to A. c..
20093. Makeever VS.. Blamkenbaker. Jas
per c. c. Transferred to A. G.
20097. William p. Kersey ct al. VS.. The
City of Terre Haute. Vigo county. Appel
2OOS5. Terre Haute & Logansport Rail-
road Company VS.. Stephen L. Holmes.
Clinton c. c. Appellees brief (s.)
2OO9O. Samuel NJ. Kerr. auditor. VS.. Perry
School Township. Monroe c. c. Appellants
aoil4. Joshua S. sisson ct al. VS.. Joseph
Caruthers ct al. Vanderburg c. c. Appel
lants' brief s)
APPELLATE COURT.
NJ TzII
Howard s. c. Reversed. Black, J.-Where
a fire insurance policy provides that 1.-The
entire policy. unless provided by agreement
Endorsed thereon or added thereto: shall
conditional and sole ownership" In an ac-
tion upon such policy. after a fire. plaintin
must allege and prove ownership at the
time of the loss.
1912 White VS.. c.. r. & NJ. r. r. Co.
Wayne c. c. Appellee granted sixty days
to file brief.
c. c. Petition for rehearing overruled.
4752 c., /. & L. Ry. Co. VS.. Wicker.
Greene c. c. Appelle granted thirty days
additional time to file brief.
Minutes
4752. Chicago. Indianapolis & Louisville
administratrix. Greene c. c. Appellants
petition for additional time. Granted thirty
47OS. David A. Coulter ct al, executors,
Clinton G. c: Appeliees' objection to ap-
pellant's motion to amend assignment Of
errors.
4730. William A. Cullop, administrator
VS.. City Of Vincennes. Knox G. c. Appel
lees brief G)
4s43. ST. Joseph Ice Company ct al. vs.
John Beitch. Vigo c. c. Appellants
brief g.
4725. Heloise Macmillan ct al. VS.. James
s. Clements ct al. Jackson G. G. Appellees
brief 90 and appearance.
1927. Henry c. Kimble ct al. VS.. Board Of
Commissioners of Franklin. Fayettte G. c.
Appellees' brief 90 for rehearing.
4799. August Schele vs. Henry Wagner.
administrator. Allen c. c. Appellants
brief (S.)
1867. Thomas E. Ellison ct al. VS.. Charles
w. Bramstrator, administrator. Allen c. c.
Petition granted.
New Suits
4S49. Abraham Brush ct al. VS.. German
American Building Association of Indiana
Madison c. c. Record. Assignment and
errors. In term. Bond
1850. Grid w. Conner VS.. Andrews Land
Home and Improvement Company. Allen G.
c. Transferred from Supreme Court No
1894
1851. John McKeever vs. William B.
Blankenbaker ct al. Jasper c. c. Transfer
red frora Supreme Court. No. 2o093