The Indianapolis journal., 1904-01-07

APPELLATE COURT
4539. City of Lafayette VS.. Fitch Tip
pecanoe Superior Court. Affirmed. Henley,
c. il. Where the facts constituting negli-
gence are disputed, il is question for the
jury trying the cause to decide. 2. Where
the facts are found by the jury, then their
legal consequences constitutes a question
4599. Broadstreet VS.. Hale Putnam Cir
cult Court Reversed Wiley, p. il
Agency cannot be proven by the declara-
tlons or the agent or servant. 2. InCom-
petent evidence will be regarded as
harmful when it goes to a vital question
In the case as presented by the pleadings.
8 After stating correctly TO the jury what
facts are proper to be considered in de-
termining the amount of damages they will
award the plaintiff, in case they find for
her, 1t is erroneous to add to such instruc-
tion that the jury may also consider 'all
the facts and circumstances proven in the
case" 4. jury in computing damages can
consider only such facts as form proper
402l. Indianapolis Street-railway Com
pany VS.. Brown. Hancock Circuit Court.
Affirmed. Roby, il. To suddenly start a
street car while a passenger is in the act of
part OF the company operating the car. 2.
Where a street car stops to enable a pas
senger to alight. the company is bound to
know that she has done so before starting
the car again.
4467. Williams VS.. Manley. Jay Circuit
law appearing in the proceedings and judg-
ment. Is IN the nature of an appeal. and
is to be tried by the record alone. Such "A
proceeding cannot be sustained unless the
error be such as would reverse the judg-
ment on an appeal. ?. A judgment of a
court having jurisdiction OF the par
ties and subject matter may be erron-
eous. but it is not void B. The fact that a
Judgment gives a party more than his
pleading shows he is entitled TO, does not
make the Judgment void
1850 WhiteselI VS. Strickler Hancock
Circuit Court Leave granted TO amend as
signment OF errors.
ton. Elkhart Circuit Court. Petition for
rehearing overruled.
5O41. Hayne Keesling Boone Circuit
Court. Dismissed and leave granted to
withdraw record.
4S7l Dodge vs.. Johnson. Elkhart Circuit
Court. Petition for rehearing overruled.
1864 Hatfield VS.. Chenewoth. Huntington
Circuit Court. Motion TO publish deposition
overruled. Motion TO dismiss overruled.
1863. Casper VS.. Murphy. Grant S. c..
Motion TO dismiss postponed till final hear
1889 Green VS.. McGrew. Huntington c.
c. Motion for cost bond overruled. Motion
1885 Miller VS. Julian. Cass Circuit Court.
Motion for leave TO file brief overruled.
Motion for certiorari granted.
1900 Dairy co: vs.; BTudi- Allen Superior
ton for additional bond sustained. Appel
liant to file bond to approval OF clerk OF this
court In thirty days
50s4 Nelson VS.. Nelson. Grant Circuit
Court. Motion to dismiss appeal postponed
until final hearing.
Minutes
1883. The Sargent Glass Company VS. The
Matthews Land Company. Grant G. G. Pc
tition TO file reply brief demurred.
1856. Matilda Neff The Metropolitan
Life Insurance Company Marion s. G. Ap-
pellant's additional authorities (s)
1862. The Dean Brothers Steam Pump
Works VS.. William T. Griffin Morgan c. c.
Appellants reply brief (S)
1854. John G. Nelson VS. Sarah II. Nelson
ct al Grant c. c. Motion TO dismiss post
poned until final hearing. Appellees'
brief C)
1884 Republic Iron and Steel Company vs..
Thomas w Jones Clay c. c. Appeiee's ;
petition and brief (0 TO modify mandate.