The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-05-14
HIGHER COURTS RECORD.
SUPREME COURT.

20S40. Glendenning VS.. Superior Oil Com
pany. Jay C. G. Affirmed. Hadley, j.
Where property was sold upon foreclosure
and the purchaser OF the certificate
signed the same and the assignee thereof
took possession of the property and there
after sold all rights in and to the property
and received a valuable consideration
therefor, and thereafter presented his GER
tificate of purchase and received a deed
therefor, held, that he could not thereafter
retain the purchase money paid him by the
purchaser and dispossess him of the prop
erty and rights conveyed, merely because
his rights had not ripened into title at
the time of his attempted sale.
20346- C, c., c. & St. l.. R'y Co. vs. Miles.
Marion S. c. Affirmed Bowling, il.
Where one or more railroad tracks cross
a public street of city in populous neigh
borhood, greater vigilance and care on the
part of the company to avoid injuring per-
sons using the street is required than at
ordinary crossings in the country. 2. The
degree of care to be exercised by the COM
pany under such circumstances must be
commensurate with the dangers of the par
ticular situation created by its use of the
street. 3. railroad company, where it's
tracks are laid in street, has the right
TO use the street for the purpose of moving
its locomotives. cars and trains, but 1t has
no exclusive right to the use of the street.
and the law imposes upon il, as upon all
other persons the duty of using its proper
~ in such manner as not TO injure others
who are themselves lawfully using the
street and crossing. 4. If the dangers of
the situation require IL, extraordinary pre-
cautions must be taken by the company to
protect the public from injuries likely to
occur at such crossing. 5. The running of
locomotives and trains at a high rate of
speed over street crossings in a city, even
where the ordinary signals or statutory
warnings are given, may constitute negli-
gence and render the company liable for in
juries occasioned thereby. 6. Whether
complaint may be amended after the evil
dence is introduced, to correspond there
with. is within the discretion of the court,
and I'm the absence of an abuse of such dis
erection a judgment will not be reversed on
account of an amendment; and after such
an amendment is made, the pleading need
not be filed as an amended complaint.
1929 In the matter of the dsbarment OF
Samuel w. Griffin. Hamilton c. c. Petit
ton 10 remove to Supreme Court denied.
1850 Paul VS.. Baltimore & Ohio Rail-
road Company Steuben c. c. Petition to
2027O. Wysong VS.. City Of Lebanon. Boone
c: c. Leave granted attorney general to
file brief for appellee.
Minute
2OsOS. United States Express Company
VS.. State of Indiana. Appellants printed
brief 81 Marion c. c.
APPELLATE COURT.
52S1 Maley VS.. Clarke. Fayette c. c.
Affirmed. Black, il. To make a remon-
STRANGE against a street Improvement per-
emptory under the provision of Section
must be signed by two-thirds of those prop
erty owners who reside upon lots which
dnut upon the Improvement anu VINO also
represent two-thirds of the number Of
lineal feet of the Improvement. 2. In said
section the word residing and the words
land representing relate equally to the
preceding "two-thirds of the property own
ers." and there is other antecedent TO
which they can be referred. 3. Punctuation
is never allowed 20 control the sense Of
the language OF statute. 4. II the words
used in a statute convey a clear, definite
and sensible meaning without ambiguity,
that meaning cannot be enlarged, restricted
or perverted by the punctuation.
Minutes
502s Frank a. Thnis. Administrator VS.
City of Vincennes. Appellee's petition for
leave TO file brief granted and clerk ordered
to file briefs. Appellee's brief So Knox
c. c.
$40 The Town of Paoli VS.. G. A. Charles,
Treasurer. Appelee's brief Isl Orange
c. c.
5l3S Lambert +. Morse VS.. Perry f.
Smith. Appellants petition and notice for
certiorari. Jennings c. c.
5102. Louisa Baum VS.. George w.
Palmer. Appellants petition To file brief
and waiver of notice Cass C. c.