The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-19
HIGHER COURTS RECORD.
COURT.

20039. L. E. & w r. r. Co. VS.. Chairman.
Delaware c. c. Reversed. Hadley, il.
An administrator of a decedent is the only
person competent to prosecute an action
under Section 2S5. Burns, 1901. 2. In an ac-
ton against an employer. a corporation, for
a personal injury, the vice principal whose
acts, combined with the principal. caused
the injury, may be made a party defendant.
3. In determining the proximate cause of
an injury the inquiry is directed to the re-
sponsible cause. without reference to
whether 1T is the first or last in the success
sion of events that resulted in the PLAINTIFF s
injury. And that cause will be held proxi-
mate which is shown to be active, operating
and continuing, and the probable and nat
ural source of the injury. 4. Whatever re-
suits, a wrong doer. from his surroundings,
could have foreseen or anticipated by the
exercise of ordinary care, as likely to flow
from his act. will be accounted natural
and probable consequences, for which the
law will hold him responsible. s. Where a
party ultimately receives the benefit of GER
tain testimony which at one time Is wrong
fully excluded cannot complain of the err
ror. s. A party to an action by an admin
istrator or executor will be presumed a
competent witness. as in other actions, until
1t is shown that he SUBSTANCES such a rela-
ton to the case as brings him clearly with
in the statutory exceptions. z. In an ac-
ton by an administrators on account of the
death of his dece6ent a party dependent is
a competent witness in his own behalf.
1890. Kellogg VS.. Ridgely. Tippecanoe c.
G. Reversed. Gillett, il. There is no
natural right to direct the transmission of
property by will. z. A complaint seeking to
establish and probate a will alleged to have
been lost. where not showing that the will
was destroyed In the lifetime of the tesla
trix without her consent or that 1t was
~fraudulently disposed of, Is insufficient to
present a cause OF action.
1886. Dunn VS.. State. Allen c. C.. At
frmed, Bowling, il a bill Of exceptions
I'm a criminal action, Is within term. 2.
Where the signing and filing of a bill of
exceptions appear to have been done on
the same day, 1t will be presumed, in the
absence of anything to the contrary in the
record. thai the bill was signed before il
was filed. 8. In criminal cases, under the
make the original bill of exceptions con-
tanning the evidence a part of the record.
4. Where the inference of guilt Is inevitable
from the evidence, and the verdict and
is according thereto, 1t will not
be disturbed on the ground of insufficient
evidence.
1871. Oster VS.. Broe. Benton c. c. Pc
tition for rehearing overruled.
1888. Branstrattsr VS.. Crow. Allen G..
c. Motion to dismiss overruled and appel
lee granted till Aug. 10. 1908. to file brief.
2Ooea. Tomiinson VS.; Bainakaa Marion s.
1891. Wright VS.. Bertian. Madison &. c.
Petition for rehearing overruled.
Minute
aOoe3. Frank M. Tomlinson VS.. George
w. Bainaka ct al. Marion s.. c. Appellees'
brief (S)
APPELLATE COURT.
4f7O. Lancaster VS.. Mckinley. Miami c.
c. Reversed. Henley, J.-Dealing in OPP
tons is not a game, and money lost In
'.bucket-shop' deals cannot be recovered
back under Section e676. Burns, 1884.
1850. Halstead VS.. Coen. Jasper c. c.
Reversed. Robinson. c. il. To with
stand a demurrer the complaint must state
a good cause of action In favor of all the
plaintiffs who nave joined In bringing the
action. 2. An administrators with the will
annexed. when by the vii. is given posses
sion of the land Of the decedent for a time,
with power TO rent and collect the rents
and profits and distribute the same In a
certain manner, and a devisee under the
will holding a life estate. are proper party
plaintiffs in an action against a tenant for
waste. 3. An Intellectual offer to settle diff
ferepces BY compromise is not competent
evidence against the party making IL.
ASH. Makeever VS.. B~lankenbaker. Jasper
c. G. Motion to dismiss postponed until
final hearing.
lslo. Louisville & Nashville Railroad
Company VS.. Henry Gillen- Vanderburg S
C.. Appellee's brief @).
400. Fire Association Of Philadelphia
VS.. Daniel M Yeagiey. Miami c. c. APP
pellee's brief (S.).
AS. Abner T. Bowers vs.. Adam Ger
hold ct al. Carroll c. c. Appeilees
brief S).
ASS. White River School Township. John.
SON county, vs.. the Caxton Company
johnson c. c. Record. Assignment OF er
rors. In term Bond