The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-04-05

walk in n city was incidentally involved IN
ease before the Court OF Appeals, recently re-
ported Tho wastc hot water and steam from
planning mill in brooklyn ran down through
pipe beneath the sidewalk into a hole inside the
curbstonc. A little child. about four years old,
whose parents lived upon the same street. went
out on the sidewalk and fell into this hole Of hot
water and was badly scadcd. He sued for
damages, and recovered a verdict against the
persons carrying on the planning mill. On the
trial. the Judge charged the jury that the child
had right to bc on the sidewalk. and had
right to be at play there. In the Court Of APP
peals ii was argued that the last proposition
was not law. The Court held, however. that il
was legally correct nasmuch as it conveyed the
idea that being on the sidewalk, the fact Of play
ing there did not constitute negligence on the
part Of the child. That IL is not unlawful.
wrongful, or negligent" said Chief Justice
Church, for children on the sidewalk 10 play,
is a proposition which IL too plain for COM
mont." Their right to play in such a way as TO
exclude or interfere with persons desiring to
pass was not involved in the case and the Court
expressed no opinion on that point.
Tho British steamship Medina carrying $50
Mohammedan pilgrims from Sumatra to the
Arabian port at Jeddah. near Mecca. ran ashore
were compelled to take refuge on an exposed
rock. where they would have been in imminent
peril II bad woathcr had come on. Another
English steamer the Timor. was the only vcs
sol near at hand. and came up in response to
their signals of distress. Her captain. how
ever, thought he saw AN opportunity OF driving
a profitable bargain. and refused to rescue them
and take them on to Jcddah for less than 81, 900.
The captain Of the Medina had no alternative
whereby hc could insure the safety Of his pas
sengcrs. and accordingly signed an agreement
to pay the sum dcmandcd and the Timor then
conveyed the pilgrims to their destination. Tho
owners of the Medina. however. when informed
of the agreement pronounced II incquitable and
refused to pay the $4,000. whcreupon the
owners of the Timor brought suit TO
recover that amount in the Admiralty Division
Of the High Court of Justice. The Admiralty
Judge declined to enforce the agreement de-
claring IL inequtable but awarded the salyors
sl $40 us the reasonable value Of their services.
This decision has lately been affirmed in the
English Court OF Appeal. on grounds which
seem conclusive. 1t was admitted that the sal
wage services involved no difficulty or danger
to the Timor. and but little delay; and even her
Captain conceded that $1,000 was very exorbi-
tant pay for the few days work he did. Then it
was plain that the terms were practically en-
forced upon the Captain OF the Medina. To re-
jet them would have been TO Leave $50 human
beings under his care 30 the danger Of being
drowned. A. Mr.. Justice Brett said. this WIS
compul-on to the mind Of any honest man.
The Admiralty Judge seems 10 have done full
justice in allowing the 1900.
Can n wife steal her husbands property 2
This question recently arose before the Engls h