The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-23
HIGHER COURTS RECORD.
SUPREME COURT.

SUPREME COURT.
2O322 Moore VS.. Zumbrun. Whitley c. G.
Reversed. Bowling, J.-Where appellee
files no brief nor makes any excuse for not
fling one, and takes no steps whatever in
the case to controvert the error assigned,
his silence may be taken as a confession
OF error and the Judgment will be reversed.
20325. Shipey VS.. Smith. Morgan G. G.
Affirmed. Monks, IA married woman
under twenty-one years of age, who, to-
gether with her husband. who is over TWEEN
ty-one years of age, has executed lease
of her land for a period of two years and
received the first years rent during her
minority, upon arriving at the age of TWEEN
ty-one years. a few days after the COM
mencement of the second year of said lease,
can disaffirm the lease and secure posses
sion of said real estate without restoring
or Offering TO restore the rent received the
first year
20236. Republic etc. Co. VS. Berkes Lake
G. c. Affirmed. Jordan, il. Where an
employee OF an iron foundry is working
under foreman whom he is bound to obey,
and is in the act of feeding iron with a
large pair of shears and while in the act
OF doing is commanded by the foreman
TO do his work in another manner when
at the time it would be dangerous to at
tempt a change of the iron in its position.
but in obedience to the command attempts
so 10 do. the employer Is liable for the
Gnder Section 7oss Burns iso 1t is the
duty of a servant TO yield obedience to the
orders of his superiors, and he has the
right to presume. in the absence of warn
forming 10 the order of a superior he will
not be subjected to injury. He may also
presume that his superior will not give i'm
proper orders nor direct him to assume i'm
proper risks
Minutes
N329. Knickerbocker Ice Company VS..
George Gray Laporte , s G. Appellants
tition for additional time on motion.
2031O. Fred l.. Jordan VS. City of Evans
Vile. Appellee's brief (S) Vanderburg
&. c.
2O2S6. f. A. Scott ct al. VS.. w: ]. Haynes
ct al. Howard s. c. Answer of appellants
10 question of oral argument.
APPELLATE COURT.
1861. Benner VS.. Magee. Marion S. c. Re-
versed. Comstcck, J.-Where in contract
of agency the named is declared to be
fixed lquidated damages and not great
ly disproportionate TO the loss that may
be sustained from a breach of the contract,
and the damages are not measurable by any
exact pecuniary standard. the sum desig-
mated will be deemed to be liquidated dam
ages. But where damages can be easily
and precisely determined by a definite
pecuniary standard. but the parties have
stipulated for a much higher sum. such
sum Will usually be held 10 be a penalty.
4l59. Poppy VS.. Walker Noble c. c.
Affirmed. Robinson. J.-Where a testator
directed that the proceeds of the sale of
certain property should be by his executor
paid over TO the widow of a deceased son
Ito be by her held and enjoyed during her
natural lifetime, and at her decease said
sum VI dAAoNhN 80 pdlu over 10 ner Shalls be
by my executor paid over TO and vest in
two OF the son : children named: that the
said daughter-in-law shall have the use.
interest. income and profits of said share OF
money or property so paid over or delivered
TO her for her life. for her maintenance and
support and for the maintenance and sun
port OF her infant child. until the latter
arrive at the age OF twenty-one years: and
/ further direct that in case the said in
terest. income and profits shall be INSULT
cient for said uses and purposes that then
she shall have the right TO use 50 much of
the principal OF said share as nav be
reasonably necessary therefor" Held that
upon his final report, the administrator
with the will annexed was DO and to sur
render 10 the daughter-in-law Beneficiary
the legacy provided Internationally. and
what title she took therein was OF no con
Germ OF the administrator.
45s9 g. c., &. q St. l.. R'y Co vs. Was
son. Marion s. c. Petition for rehearing
overruled. Henley, q. J.-Section 53I2
Burns. 1901. does not give TO the party who
has suffered the damage any new right.