The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-12
HIGHER COURTS RECORD.
COURT.

20235. O'Brien VS.. Higley. Madison S. G..
Affirmed. Downing. il. Where there is
evidence in the record to sustain the judg-
ment ii will not be reversed on appeal for
lack of evidence. 2. 1t is not reversible err
ror to refuse to strike out testimony
which, although incompetent, is harmless.
3. In an action upon account the defend
ant cannot prove as an item of expense in
carrying out his contract an unnecessary
act done by himself in connection there
with.
2OO9O. Kerr VS.. School Township. Monroe
G.. c. Reversed. Jordan, il. The act of
March II. 1901 (Acts 1901, P. 44S), is legal and
within the Constitution of the State. 2. As
to whether an act of the Legislature is ex-
pedient, wise or just, is a matter TO be de-
ermined by the Legislature, and it's deci-
sion cannot be reviewed by the court.
Minutes
20276. George w. Tanner ct al. VS.. Joseph
Lay ct al. Jay c. c. Appellants brief o..
Rulings
10000. Samuel NJ. Kern, administrator, VS..
Perry School Township. Monroe c.. c. Re-
Ve sossSl PaaleS; +. o,Brien VS.. Joseph L.
Higley, ct al. Madison G. c. Affirmed,
Bowling ].
APPELLATE COURT.
47O5. City of Huntington VS.. Lusch. Hunt
ington c.. c. Affirmed. Black, il. A city
must make and keep in a reasonably safe
condition the Travelled portion of its streets,
and is also required to take such measures
dS u A~AdNC0 ~ y
protect persons lawfully using a street and
exercising therein ordinary care from fall
ing into dangerous places along the side Of
the street. 2. Whether or not a stump re-
manned in a street so long that the munfci-
pal authorities should have taken notice
of it's presence there. as well as to whether
or not it was a thine adapted TO frlghten
horses, is a question of fact for a jury to
decide. 8. Photographs may be introduced
in evidence so as TO enable the jury TO evil
dence to them.
Ar-O - ~ q e. CT T. Rv 20 VS. TipSau
Hendricks c. c.. Reversed. Comstock, il.
A complaint against an employer for dam
ages on account of injuries received by rea-
son of a defective appliance, the COM
plant should allege that the employer had
knowledge of such defect. 2. Facts neces-
Sary to show a cause OF action must be di-
rectly averred and not pleaded by way OF
recital. 3. In an action for damages on ac-
count of an injury received by being caught
between two cars, it should be alleged that
the injured person or decedent went be-
tween the cars.
4467. Williams VS.. Manley. Jay c.. c.. Peti-
ton for rehearing overruled.
1909. Christ VS.. State of Indiana. Black
ford c. C. Petition for rehearing overruled.
1928. Union Central Life Insurance Co. VS..
Loughmiller. Floyd c. G. Petition for re-
hearing o~verruled.
ASS. e. & 7. H. r. r. co. VS.. Mckinney.
Posey c. c. Oral argument, March 30. 1904.
Minutes
5O62. Charles Ardery ct al. VS.. Warren A.
Smith. Jennings c. G. Appellee's brief (S).
5O72. The City of Bluffton ct al. VS..
Charles NJ. Miller. Wells c. c. Appellee's
petition for additional time. Granted ten
days.
1873. P. c., c. & st. L. Ry. Co. VS.. James
w. Wilson. Blackboard G. c. Appellee's
petition for leave to file brief.
1881. Providence Washington Insurance
Company VS.. Lee Wolf. Monroe c.. c. APP
pellee's brief 60.
New Suit
51S7. The st. PauI's Congregation, etc, ct
al. VS.. Eli Houty ct al. Wells c. G. Re
cord. Assignment of errors. Notices 90 be-
low.
Rulings
4705. City OF Washington VS.. John Lusch.
Huntington c. C. Affirmed. Black, j.
1861. Isabelle Williams vs.. Peter Il. Man
ley. Jay c.. e. Petition for rehearing over
ruled.
1909. William +. Christ VS.. State OF In
diana. Biackford c. G.. Petition for re-
hearing overruled.
4572. c., c.. c., st. L. Ry. Co. VS.. Leonia
Lindsay Administrative. Hendricks G. G.
Reversed. Comstock, j.
455S. Z. & T. III. r. R.. Co. VS.. Clute C.
Mckinney. Posey c. c. Oral argument for
March 30. 1904.
1923. Union Central Life Insurance Co.
VS.. Emma b. Longmiller. Petition for re-
hearing overruled.