The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-05
HIGHER COUNTS RECORD.
SIrPRENrE COrRT.

2O234. Mckee VS.. Town of Pendleton.
Madison 5. {. Affirmed Bowling, il. a
remOnstrance against street Improvement
when fled one day after the day the same
| Is advertised for contract IS too late 10 be
/ effective. p An ordinance must be read in
connection with the law under which ii was
/ enacted.
2017O Clupper vs. Clupper Wabash c. C.
| Transferred to Appellate Court.
| 1880. Princeton, etc, Co. VS. Roll. Glib
son c. c. Petition for rehearing overruled.
2O1s4. Board of Commissioners vs.. Bliss.
Jay c. c. Appellants granted leave to
file reply brief.
Minutes
2O2l5. p, c., c. & st. L. Ry. Co. VS..
| Thomas Collins. Cass G. G. Appellant s
brief 81 Appellants petition for oral ar
| gument
2oOs4: Lizzie W. Brown IS; The Central
lants petition and brief 90 for rehearing.
APPELLATE COURT.
5OS2. Valparaiso. etc, Co. VS., City of VAL
| paraiso. Lake c. c. Affirmed. Black, j.
| The grant Of a franchise by municipal
corporation is to be strictly construed and
to be taken most strongly against the gran
tee, and nothing is TO be taken by implica-
ton against the municipal corporation rep
resenting the public, except what necessar-
lily arises from the nature of the terms
employed If there be any doubts arising
upon the language of the contract between
the city and its grantee of the franchise as
10 the rights OF the latter under the con-
tract, such doubts are to be resolved against
the grantee and in favor of the city.
1921. u. 5. Elk. Co. VS.. Joyce. Gibson c..
G. Affirmed. Roby, il. Where the valua-
ton placed upon property by both parties
at the time Of its shipment is substantial
and not unreasonable, fairly procured, full
opportunity for choice given, without coer-
sion or fraud and the rate of Transports
ton is based thereon. the same being rea-
sonable and graduated according to the
value so fixed, such valuation is valid and
furnishes the measure by which damages
are assessed in case of loss. The recitals
OF such contract are not conclusive but
prima facie and place the burden of show
ing that the valuation relied upon was rot
so fixed as to be enforceable upon the ship
per, who may, however always aver facts
destroying the validity thereof and estab-
ish them If he can. 2 A carrier under
takes to convey property safely, and if it
fails to do SO IL must respond for all dam
ages up to an amount not exceeding the
stipulated value Of the property.
1866. Hitchcock VS.. Casper. Noble C. c,
Affirmed. Robinson, il. trustee of
In loaning such money and is liable for
such losses as result from a failure to use
such diligence; y demand is necessary
10 terminate the trust relation between the
trustee and the cestui cue trust, and where
there is no Reputation before the, demand
the statute Of limitations does not begin to
run until after that time.
1869. Alden VS.. White. Allen c. c. Petit
ton for rehearing overruled.
45l2. Mercer VS.. Coomler. Howard S. C.
Petition Cor rehearing overruled.
Minutes
1852. Union Traction Company Of Indiana
VS.; William ?; Sicelof. Upton c. c. APP
1895. Frank Bird Transfer Company VS..
Samuel p. Morrow Marion S. c. Appellant
amended assignment of errors. Proof of
notice to coappellant and declination to
join.
1883. volney T. Malott, receiver for II. Fl.
q L. r. r. Co., VS.. Vinton a Sample
Marion S. c. Appellants petition for oral
argument. Appellants reply brief Isl
4470. William c. Lancaster ct al. VS.
Franklin p. Mckinley. Miami c. c. APP
pellee's petition to remove to Supreme
Court.
44S1 Indianapolis G. Greenfield Rapid
Transit Company VS.. Jacob NJ Haines
Henry c.. c. Appellants petition and brief
(S) for rehearing.
4Sn. Henry c. Lodge VS.. Jeanette G..
Johnson. Elkhart c.. c. Appellants petit
ton (S) to remove to Supreme Court.
441. Noah J. Goshorn VS.. Peoples Ma
tional Bank of Washington. Daviess c.. c.
Appellee'S petition and brief (S) for rehear-
ing.
New Cases
514S. Upton Light, Heat and Power Com
pany VS.. Zachariah T. Dean. Upton G. C.
Record. Assignment of errors. Notice to
Madison county. Appellants brief for SUI
persedeas. Supersedeas.
5i49 Lewis Clupper, administrator, VS..
Christian Clupper. Wabash c.. c. Trans
ferred from Supreme Court.