The Lake County times. [volume] (Hammond, Ind.) 1906-1933, 1911-04-25
SUPREME COURT.
PURDUE uNIvERSITY-PUBL USE
CORPORATIONS

CORPORATIONS.
21656. Henry w. Bullock VS.. John
C. Billheimer ct al. Marion S. c. At
firmed Myers. c. ].
ID 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 classes OF citi-
zens. which on the same terms are not
open'to every citizen of the state. CD
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 general law.
CD The constitution does not prohibit
but commands the legislature to end
courage by all suitable means, moral.
intellectual. scientific and agricultural
Improvement. and the legislature has
the power TO determine the means OF
promoting them. CD The test of
whether a purpose is public or pri-,
vate is not the means employed but tho
use to which 1t results, and where
there is no pecuniary profit and mere
ly a public benefit resulting therefrom.
it will be held to be a public use. (5)
The enacting clause, acts 1909, page
40s. is comprehensive enough, farm
products including both horticulture
and chicken raising. (s) 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 assisting it in the con-
Quoting OF the experiments.
Appellate Court.
CLAIMS INSTRUCTIONS - HARM
LESS ERROR
1905 John d. Hedrick, executor. vs..
Anna Hedrick. Rush c.. c. Affirmed.
Larry. P. J.
Cd 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 an
alleged contract. the instruction will
be held harmless, as there was no is
sue as to gratuitous services before the
jury.
MASTER AND SERVANT - COM
PLAINT-THEORY AND ALICIA
TONS.
ee24. The Indiana Rolling Mill Co.
VS.. John +. Livezey. Henry c. c. Re-
versed. Hotel. J.
Cd In order TO make a 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. t2) 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-
sari1y 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. CD Where two conflicting
theories are combined in drawing a
complaint, making the complaint vague
and uncertain, the complaint becomes
insufficient. "a An allegation "the de-
PENDANT negligently and carelessly per-
mitted one of it's 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 az
showing only a casual connection be-
tween the act OF defendant and acci-
dent.