The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-01
HIGHER COURTS RECORD.
SUPREME COURT.

oo233 L. s. & NJ, etc, Railroad Company
US. Graham LaIorte e; c. Reversed. Had
port OF a general verdict and against the
special answers TO interrogatories must be
reasonable, and relate only TO such facts as
might have been proved under the issues
as formed. 2. An empioye m place of dan
ger is bound TO give attention TO his sur
Toundings. and the greater the threatening
danger the greater the care required TO
avoid injury. 3. a railroad track is OF itself
q suggestion OF danger, and walking on the
ties so near rail as 10 be struck by a
passing engine, with the knowledge that
one is approaching but short distance
away is situation requiring great atten-
ton and care. and failure To give such at
tentiOn ant care constitute negligence.
20237 National etc, Association VS. Nc
Bride Miami G.. C.. Affirmed Downing j.
l. This court cannot weigh the proof which
supports a Judgment when there is some
proof 10 base Ii on 3 The extent OF an
agency and the authority of the agent is a
question OF fact for the jury.
20296 Northwestern, etc, Company VS.. Kid
der Vigo C. c Affirmed. Monks. IA life
Insurance company which has adjusted a
loss. by taking up the policy and giving the
surance provided for in the policy. cannot
resist payment OF the check, merely be-
cause some creditors OF the deceased claim
the title 10 the proceeds of such insurance
policy, and as against such payee, in the
check, the insurance company is estOpped
from denying that she was the real party
an interest when the check was executed 2
Interpleader Will not lie unless the third
party sought 10 be brought in claims by a
derivative title, and such third party is in
existence and capable of interpleading.
1900. Consumers. etc. Company VS.. Plate
Glass Company. Madison ;. G. Petition for
rehearing overruled-
19sf2. p, c.. c. * ST. L. Railway Com
pany VS.. Town of Wocott. White c. C..
Petition for rehearing Overruled.
e0i52- i. +. x w. Railroad Company VS.
Holland. Marion S. c. Petition for rehear-
ing overrule6.
1880 Cofhnberry VS. Mcclellan. De Kalb
c. c. Oral argument April -. 1904
20236. Scott VS.. Hayes. Howard 5. c.. Oral
argument April 20. 1904
9olS3. Davis VS.. Affieck. Marion c. c.
Transferred TO Appellate Court.
20lS6- Glow VS.. Brown. Montgomery G.. C.
Transferred 10 Appellate Court.
20lS9. p. G, G. * st. l.. Railway Com
Appellate Court
3oiss. state VS.. Peterson. Montgomery C.
c. Transferred 10 Appellate Court.
-Minutes-
2o277. Board of Commissioners of Har-
rison County VS.. Charles A. Blne Har-
rison c. G. Appellees brief (S)
2o2S6 ADVISORY Board OF Washington
Township. Newton County, VS. State ex rel
James A Whaley et al. Appellants brief
(s)
Rulings
2o2zs l.. s & NJ s. Ry Co. VS. William
Graham. Laporte &. c. Reversed Had
3o2S7 National Masonic Accident Asso-
citation VS.. Cicero II. Mcbride. Miami c. c.
Affirmed. Bowling. J.
2o29s Northwestern Mutual Life Insur-
ance Company W. Kate Kidder. Vigo G.
c. Affirmed Monks. j.
1870 Consumers Gas Trust Company
Va. American Plate Glass Company. Madiz
son :. &. Petition for rehearing overruleD
l5oi2 p, G, c. ST. l. Railway Com