Jasper County Democrat, Volume 17, Number 53, Rensselaer, Jasper County, 10 October 1914 — COURT NEWS [ARTICLE]

COURT NEWS

Supreme court action of interest to Democrat readers: Railroad Fire Law—Pov.ers of State —22472. The Pittsburgh, Cincinnati, Chicago & St. Louis Railroad Company vs. Chappell. Jasper C. C. Affirmed. Cox, C. J. (1) Action for damages by fire set by locomotive. The complaint does not set up negligence, but proceeds under Acts 1911, page 186; Burns, 1914, Secs. 5525 a and 5525 b. This law is held constitutional, and to include all roads using fire in the locomotives, including roads owned by partnerships. (2> Partnerships are included both under the term "companies” and also ‘individuals.’ 43) It was Within the police power of the state to make railroad owners liable; for fires from engines without making factory owners, traction engine owners and others using fire to generate steam power liable. (4) The law is not unconstitutional in applying to roads built prior to its passage under charters to operate by steam power. "Every holder of property, however absolute and ” unqßaUfled niay be hlff~ title, holds it under the implied liability that his use of it may be so regulated that it shall not encroach injuriously on the equal enjoyment of their property by others." (5) Rights and privileges from states under contracts and franchises are held subject to regulation by the state for the protection of the essential wellbeing of state. Railroad fire laws have always been upheld in all other states. <6f The provision that the defendant . shall have of proof of contributing negligence is within the title. (7) An instruction that the jury ‘should’’ take into consideration the interest or lack of interest of the witness in determining his credibility did not invade the province of the jury. 22625. State ex rel Stockton vs. Lane et al. White C. C. Appellant s petition for rehearing is denied. Items from the circuit court docket: ■■ Florence B. Kays vs. H. E. Parkison, adni. of estate of Mary B.’ Kays, deceased: judgment for S3OO. Mrs. Janies Norris vs. same: judgment $36. Harry E. Reed vs. Gifford I. O. O. F. lodge: jury trial and judgment of S4O given plaintiff. Harriet Lander vs. Indiana Northwestern Traction Co.: judgment for plaintiff for $l4B. Eliza D. Bartoo vs. John V. Bartoo et al; contract with House ordered canceled ano SI,OOO ordered returned; Md of'D. L. Speicher approved and sale confirmed. Chas. Abbott, coin, allowed $200; P, R. Blue, atty., allowed $350: J. H. Chapman, com., allowed $200; Geo. A. Williams, atty., allowed $75; Fraser & Isham, atlys., allowed $l5O. Marion S. Learning admitted to practice at bar. C. E. Erb ditch; commissioner files report, and court allows W. F. Osborne $l5O, and J. P Hammond, auditor, tor transcript, $7.90. Francis W. Powers ditch: commissioner files partial report. W. F. Osborne allowed $125. Ezra C. Voris vs. John Herr; change of venue granted defendant and cause sent to Newton county. Charles Harper vs. Carl Remm: judgment on default for $86.14. Elmer Bush vs. Charles W. Haskins; by agreement cause is submitted to a jury of ten men, who return a verdict in favor of plaintiff and assess his damage at $25. This is the celebrated calf case from Keener tp., where plaintiff charged defendant with butchering a calf that belonged to plaintiff. Sale bills printed while you wait at The Democrat office.