The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-04-25
SUPREME COURT.
URDUE UNIvERSITY-PUB USE
COR P0RATT0NC

PURDUE UNIyERSITY-PUBLI USE
CORPORATIONS.
1855 Henry w. Bullock VS.. John
c. Billheimer eft al Marion s. c.. AT.
firmed- Myers, c. ].
Cd The act creating the board of
trustees of Purdue university and the
acts Incorporating the Indiana Histori-
cal society and other associations made
defendant in this suit (suit to prevent
the payment of money under Acts 1909
to the board of trustees of Purdue
university confer no benefits or privi
leges upon citizens or classes of citi-
zens, which on the same terms are not
open to every citizen of the state. ca
There being use and need of but one
association of the class embraced by
the societies Estate Agricultural soci-
ETY.. etc. they are corporations which
must be organized under a general law.
CD The constitution does not prohibit
but commands the legislature to es<I
courage by all suitable means. moral.
intellectual, scientific and agricultural
Improvement, and the legislature has
the power to determine the means OF
promoting them. (D The test of
whether a purpose is public or pri-
waite Is not the means employed but the
use to which IT results, and where
there is no pecuniary profit and mere
ly a public benefit resulting therefrom,
1t will be held to be public use. (5)
| The enacting clause. acts 1909, page
4os. is comprehensive enough. farm
products including both horticulture
and chicken raising. (e) The fact that
the university sells the products of its
experiments to help pay the expense
of conducting them does not prevent
the state from assis ting it in the con-
Quoting of the experiments.
Appellate Court.
CLAIMS INSTRUCTIONS HARM
LESS ERROR
7T06. John ID. Hedrick, executor, vs.
Anna Hedrick. Rush c. c. Affirmed.
Larry. p J.
ID Where the evidence is conflict
ing and there is evidence to support
the verdict. the appellate court can
not reverse a Judgment. Cd Though
! an instruction is erroneous in that it
instructs the jury that upon the proof
of services rendered the burden is upon
the defendant estate to show that they
were rendered gratuitiously, IL the
theory of the action. the issues of the
| pleadings and the verdict of the jury
{, show that the verdict is based on an
alleged contract. the instruction viii
sue as to gratuitous services before the
| jury.
MASTER AND SERVANT - CON-
PLAINT-THEORY AND ALLEGA-
| TIONS.
6s24 The Indiana Rolling Mil Co.
VS.. John F. Livezey. Henry C. c. Re-
versed. Hotel ].
| (1) In order to make q complaint
| sufficient in a suit for injuries by a
servant by reason of the defective
| place to work and defective machine
ry. the complainant must negative in
his complaint acknowledge ON the part
| of the servant OF the unsafe condition
of such premises, machinery. appli-
| ances, or implements" Case of injury
| caused by a car on down grade track
| running against plaintiff from lack of
| a brake and there was no allegation
that he did not know OF the defective
lack of the car. cd Where the al
legation is that by reason of the lack
of the brake and its failure to make
the car stand stationary. the car ran
into the plaintiff and injured him, the
| theory of the complaint must neces-
| sarily have been the defective car and
not negligence in failure to notify
plaintiff of the approach of the car, for
on the theory that the company gave
notice there would be no reason for
brakes. (3) Where two conflicting
theories are combined in drawing a
complaint, making the complaint vague
and uncertain. the complaint becomes
insufficient (4) An allegation 'theSdc-
PENDANT negligently and careIessly per-
mitted one of its cars to run down
from the disk mill on the track used as
aforesaid. at high speed and without
giving any warning whatever, and ran
into PLAINTIFF is insufficient as
showing only a casual connection be-
tween the act of defendant and acci-
dent. -