The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-21
HIGHER COURTS RECORD.
SUPREME COURT.

lSs45. Given VS.. the State. Grant c. c.
Anlrmed. Bowling, jim a prosecution
Pas passed upon Sections 1910 and 1872. Burns
isVl' Tor allowing gas or oil TO escape into
the open air, without being confined within
the wei or proper pipes. said Section 1910
Is emitted 10 literal construction. 2 The
amendment or 1893, p. 800, by acts of 1899, p.
81, must be treated in cases arising subse-
quent to the amendment as il il had been
enacted at the date of the amendment.
Clay c. c. Affirmed. Monks, il. 1t is
the duty of the master TO exercise ordinary
care In furnishing appliances reasonably
safe ana suitable for performing the work
required OF the servant. Such duty is
continuing one, and the servant Is author
lied 10 rely on the masters having properly
performed it. 2 servant assumes the
risks and hazards ordinarily incident to the
employment which he undertakes but he
does not assume the increased risks and
hazards OF the masters negligence in fur
nishing unsafe and unsuitable appliances,
unless the servant knows of the detective
appliances and of the dangers attendant
thereupon. 3. A servant does not assume
the risk or defects in appliances furnished
not discoverable in the exercise of ordinary
care, and ii is proper to show that by the
use OF ordinary care the defects could not
be discovered.
{. e. Affirmed. Jordan, il. Where there
is evidence in the record which fully sus-
tains the verdict of the jury in every ma
ter1al respect this court cannot disturb the
judgment based thereon on the ground that
the evidence Is contrary to the law or con-
trary to the evidence. 2 Before this court
upon appeal Is warranted in disturbing a
judgment in a criminal proceeding on the
evidence alone there must be such an alb
sence of evidence in respect to some fact or
element material to the crime to present
question of law, which, under the circum-
stances, must be decided in favor of the
convicted party.
1887. Coulter VS.. Clark. Fountain c. c.
Affirmed. Bowling, ia person who makes
representations of
spiracy to obtain notes and money by fraud
Is liable in damages to the person defraud-
ed by reason thereof.
Minute
20050. Isabelle A. Davis vs. Willis A
Kendall, executor. Upton C. C. Appellee's
APPELLATE COURT.
1874 Stutsman VS.. Stutsman. Elkhart c.
G. Affirmed In part. Black, p. il. In
awarding alimony the court may properly
bands estate, but also his income and his
ability to earn money, and the value of the
wife's separate property, and the conduct of
upon the trial of a divorce proceeding ii is
shown that the husband can earn about
$50 per month wages that he owns $50
worth of property, consisting of a small
piece of real estate. a judgment for 81, 900
alimony is excessive.
4oss. p. c.. c. & St l.. Ry. Co. VS.. Nc
Mel Marion s. c.. Reversed. Wiley, j.
In an action for damages for a personal
injury received by being run over by
train where the defense is that the plaintiff
was guilty of contributory negligence in
jumping on the train which was passing it
is competent for defendant TO show that
plaintiff was accustomed or in the habit of
climbing upon moving trains in the vicinity
of the place where the accident occurred.
452S. Supreme Lodge, etc., VS.. Jones. Knox
c. C. Appellants motion TO correct clerks
certificate, ETC., granted.
35A. South Chicago etc, Ry. Co. VS..
Zeler. Laporte c. c. Petition for rehearing
overruled.
1854 Ewing VS.. Ewing. Huntington c. c.
Appellants petition for additional time
overruled
1851 Shinkard VS. Shelton. Greene c. c.
Dismissed under Rule n.
4474 Baltes Land, Stone and Oil Com
pany VS.. James NJ. Sutton. Blackboard c.
c. Appellees motion and notice TO dismiss
and brief (s) motion.
4415. Baltes Land. Stone and Oil Corn
pany ct al. VS.. James NJ. Sutton. Black
ford c. c. Appellee's motion and notice TO
dismiss and brief C) motion.
4iS9. Baltes Land Stone and Oil CON-
pany eft al. VS.. James NJ. Sutton. Black
ford c. c. Appellee's melton and notice to
dismiss and brief G) on motion.