Reports of Cases Decided in the Appellate Court of the State of Indiana (35), Volume 35

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General Books LLC, 2009 - 558 pages
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906. Excerpt: ... United States, etc., Paper Co. v. Moore--35 Ind. App. 684. new trial were overruled, and by their assignments of error they ask us to review the action of the trial court in overruling said demurrers and also in overruling their respective motions for a new trial. 1. In their brief, counsel for appellants have not pointed out any objection to the complaint, and hence, under the rule, have waived the question presented by the demurrers. The reasons assigned in the motions for a new trial are that the decision is not sustained by sufficient evidence and is contrary to law. Appellants rely solely for a reversal upon the insufficiency of the evidence, and, by proper assignments of error, bring their appeal within the act of 1903 (Acts 1903, p. 338), which requires the courts of appeal to weigh the evidence in all cases not triable by a jury. Before taking up for consideration the question tints presented, it may be important to state the issue tendered by the pleadings. By his complaint, appellee avers that he is the owner and occupant of a farm consisting of 179 acres of land, and that he is engaged in general farming and stock raising; that Blue river--a natural watercourse--flows through Rush county, Indiana, and passes along and over his said farm for a distance of one-half mile; that, prior to the grievances of which he complains, the waters of said stream were clear and reasonably pure and wholesome for drinking water for stock and for all other farming and domestic purposes; that the water in its natural state was a groat convenience to appellee, and greatly enhanced the value of his farm; that the water in said river was well stocked with all game and other fishes native to said stream, and that he was accustomed to take fish therefrom for his family ...

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