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time notice is required by the policy such notice is sufficient 17779. Am can Trust, to, Co. vs. MeG ttigan. Marion C. C. Certiorari granted. 17156. Richmond Gas Co. vs. Baker. Wayne C. C. Petition for rehearing granted. 17796. Conner vs. Citizens Street-railroad. Marion S. C. Rehearing granted. Appellate Court. 1994. Mining Co. vs. Irish. Tipton C. C. Affirmed. Reinhard, J.-1. When the special verdict discloses that it is not founded upon a certain paragraph of complaint on appeal such paragraph will be treated as out of the case. 2. Where a complaint shows that a gas company, on a certain date, negligently, and carelessly, and knowingly permitted and allowed its pipes to become and remain in bad repair, further showing that said pipes became rusted, rotten and were unfit and incapable of controlling natural gas, and that the company knew of such condition and suffered them to remain so, and that the pipes broke, such facts are sufficient to charge the defendant with negligence. 3. A general averment of freedom from negligence is sufficient for the plaintiff to plead, unless the court can say from the facts shown that the plaintiff was guilty of contributory negligence. 4. Courts take judicial notice of the fact that natural gas is highly explosive and combustible. and that it will explode when ignited by fire. 5. A gas company is bound to know that if its defective pipes break from an excessive pressure injury is sure to be the consequence of such break, and that the gas will explode if it comes in contact with fire. 2263. L. E. & W. R. R. Co. vs. City of Noblesville. Clinton C, C. Affirmed. Gavin, J.-This case is affirmed upon the authority of No. 2262. decided this term. 1951. Lofland vs. Gaben. Montgomery C. C. Petition for rehearing overruled. Ross, J.-1. Unless the record shows affirmatively that the instructions tendered and refused were tendered to the court before the argument was commenced it will be assumed that the court refused such instructions because they were not tendered in time. 2. On appeal a presumption arises that the judgment of the lower court is correct. and the judgment will not be reversed unless the record affirmatively shows that error has been committed and that the judgment is wrong. 2182 Holland vs. White. Montgomery C. C. Motion for a rehearing. Superior Court. Room 1-John L. McMaster, Judge. Alice Bowman vs. William H. Sharpe; on account. On trial by jury. Capital National Bank of Indianapolis vs. Huntington Seed Company et al.; for receiver. Union Trust Company, of Indianapoils, appointed receiver. Room 2-Lawson M. Harvey, Judge. Daniel O'Brien vs. Jerome B. Edwards: note. Judgment against defendant for $262.58 and costs. George T. Porter, executor, vs. P. B. Coffin et al.; foreclosure. Judgment against P. B. Coffin and J. L. Benedict for $3,184.95. Also in favor of Miller & Elam against Benjamin Frey for $2,730.62 and costs. Thomas Hayes et al. vs. Peter Noon; account. Judgment against defendant for $180.95. Lorenz Schmidt vs. Emily Muzzy et al.; foreclosure. Dismissed by plaintiff. The Hancock Orient Life Company vs. Amos K. Diltz et al.: foreclosure. Judgment against A. K. Diltz for $6,640.39. Foreclosure and sale ordered. Jacob Kirch vs. Alva M. Garsell et al. Dismissed by plaintiff. John Frank et al. vs. Jno. M. Bohmie: account. On trial by court. Room 3-Pliny W. Bartholomew, Judge. William Shipman vs. P., C., C. & St. L. Railroad Company; damages. On trial by jury. Criminal Court. J. F. McCray, Judge. State vs. John Kelly: petit larceny. Evidence heard and taken under advisement. State vs. John Suggs; assăult and battery with intent to kill. Sent to penitentiary for three years. Circuit Court. Edgar A. Brown, Judge. Pearl A. Haverick et al. vs. Joshua R. Jones et al.: replevin. Trial by court; finding for defendant. New Suits Filed. Bernard Koehring et al. vs. Frank L. Hetherington et al.; mechanics' lien. Room 2. Richard W. Yarbrough vs. C. M. Williams et al.; to quiet title. Room 2. United States Building and Loan Institution vs. Ida Jones et al.; foreclosure. Room 3. Alpha Medsker vs. Peter M. Pursell; on contract. Room 3. Margaret Lange vs. Frank Lange; divorce. Room 2. Pouetsky & Collins vs. Leonard & Simmonds; receivership. Room 2. Eliza Shaw Edwards vs. William T. Edwards et al.: foreclosure. Room 3. Elizabeth Hodges, administrix, vs. Pennsylvania Railroad Company et al.; damages. Room 1. Sarah F. Carriger vs. George Hoover et al.; damages and restraining order. Room 3. Maud M. Young vs. Adolph Young; di-