The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-04-09
HIGHER COURTS RECORD.
SUPREME COURT.

1878. L. & l. Rapid Railway Company
VS.. Butner ct al. Boone G. G. Appeal DIS
missed Gillett c. 1.-THE appointment OF
appraisers for land taken for a railroad
right of way by the filing of an instrument
Of appropriation under Section 5l6O. Burns
IS special proceeding, and no appeal hes
make an order for their appointment.
N232. Jordan VS.. G.. II. q l. Railway
Company. Jay G. c. Affirmed. Downing,
il A boy can only be regarded as a
trespasser on the railroad property upon
proof that without any invitation from the
company he climbed and sat upon box
car. on a side track to watch some men
with horses in a neghboring Enclosure.
g The men in charge of switch engine
were not bound to search the cars on the
side track for trespassers before moving
them. and evidence that many persons
were on the cars when the engine was
coupled to them, and all got OF but two
boys, before they were moved does not
prove that the enginemen knew the boys
were still in dangerous position. g. A
railroad company is not liable for negll-
gent injuries inflicted on trespassers by
its servants who did not know OF the Tres
1875. Bolton VS. Clark Parke C. c. APP
pellee's petition for rehearing overruled.
Opinion modified and clerical errors cor
9oOSS Lux & Talbot Stone Company VS..
Donaldson ct al. Cass c. c. Petition for
rehearing oVerruled.
203O6. Lindsay, clerk, ct al. VS. White;
Boone c. c. Petition to advance granted
and oral argument set for April 10.
20S07 Brooks, clerk, ct al. VS.: State ex
vance granted and oral argument set for
20s09. Ulrich. clerk, ct al. VS. oBrien.
Dearborn c. c. Petition to advance grant
ed and oral argument set for April 10.
1854. Upton Light, Heat and Power
| Company VS.. Izora ]. Newcomer. Miami
c. c; Petition to transfer to Supreme
4735. Clark ct al. VS. Worrall ct al. Clark
| G. G. Petition to transfer to Supreme
| Court denied.
$751; Bostock Ferari Amusement Com
pany VS.. Otto Brocksmith. Sullivan G. c.
| Appellee's brief 49,
/ 5032. Valparaiso City Water Company VS.
| City of Valparaiso. Lake c. c. Appellee
| brief (S) on petition for rehearing.
! 511S. City of Valparaiso Wilhelmina
Spaeth. Porter S. c. Appellants brief Gg
5Os2. Dallas Tyler ct al. VS.. ANNE V
and notice to file cross-errors.
! 5202 Crystal Ice and Cold Storage Com
pany VS.. Marion Gas Company Grant s
| G. Appellees appearance.
Rulings
1854. Upton Light. Heat and Power Com
/ pany VS. Izora ]. Newcomer. Miami c. c.
| Petition to transfer to S. c. denied.
47S5. Thomas ]. Clark ct al VS. Curti:
! Warrall ct al. Clark G. G. Petition tC
! transfer TO 5. c. denied.
SUPREME COURT.
| Rulings
10232 John Jordan VS. e. r. & l. Com
| pany. jay c. c. Affirmed. Bowling, j.
| 203O9 John Ulrich. clerk. ct al. VIII
| liam H. O'Brien. Dearborn C.. c. Petition
| TO advance granted and oral argument
| set for April 10. 1904. at a. m.
20306. Clark l.. Lindsay, clerk, ct al. VS.
James L. White. Boone. Same ruling a:
| above.
2O307 Absalom j. Brooks, clerk, ct al VS.
State ex rel. James Singer. Same ruling a:
| above.
Daniel E. Kelly. of Valparaiso. admitted
Minutes
20205. Moses Fowler Chase VS.. Frederick
| 6 Chase. Benton G. c. APpellee's brie
| (s) and appendix To brief, etc. (S)!
202S3. William Becker VS.. State. Laport
| c. &. Appellee's brief (S).
20l79. Mary l.. Myers ct al. VS.. George f
| Manlove ct al Fayette c. c. Additional
statement C).
New Suits
20Ssl. Thomas Maley vs.. Thomas j. CIarl
et al. Fayette c. G. Record. Assignment
of errors. Joinder. Submitted by agree
ment. Appellants brief 80 Appellee
brief (s) Appellants reply brief (s.) Join
0etition To advance