The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1881-07-13
ms client has lost his peanuts and
is entitled 10 some redress
Ryan's counsel here arose:

is entitled TO some redress.'
Ryan's counsel here arose:
If it may please the Court, this
case turns on the old law of 1921,
entitled AN Act to esnpower.the
State Surveyor to sue for damages
sustained by reason of county or
dirances.' The first case is re.
viewed by Mills, G. j.: who in the
matter Of Shillito rs. Guiteras,
held that u man may suffer the
samo injuries if assaulted in the
street as if assaulted in house.
Two Judges coucurred and three
dIssented. By one Of those laches
which seem almost inevitable the
clerk mislaid the opinion of the
dissenting Judges, aud the assault
cd man was sent to Jail, where he
died some time afterward. That,
however, is not material. Parsons
on Contracts states clearly that
where q mau enters into an ar
rangement whereby there is a
reasonable likelihood that be will
be knocked down, he can only re-
cover damages in the event Of his
being killed. Your Honor will re,
member that Parsons lays down
this rule as reremptory but, as
Chalmers truly observes, How can
the dead man sue p Bis peccare
IN bello non licct. | will not waste
the time of the Court to inquire
whether my client did really rob
and maltreat this Italian. | admit
that be did. We concede premed-
itation, the assault and the lar
ceny. But what has that to do
with it? Has not Hope, in Down
ing Us. Durande, 1915, decided
that where warranty is not speci-
fed it is not to be presumed?
Does anybody come into this court
to guarantee these peanuts? No,
Mr.. Tambourini swears the pea
nuts were his. Let US concede it.
What did be nave them for? Pre-
supposing no illicit intentions on
his part, and waving how he got
them, | will say simply: He had
them. to dispose of. To whom ?
That is no business Of fthe Court.
Ryan comes along. He takes
them. They are disposed Of. And
then, this sallow faced, coal eyed,
Iauterujawed, hungry mouthed
PeninsuIan comes here and asks
this august Court to resolve itself
into an Investigating committee
To- ascertain whether the consid-
Grafton wss adequate? And in
the same breath that he says be
received nothing for the peanuts
be. swears that be got two black
eyes!'
If your Honor please said the
Italians counsel, the black eyes
referred to were given to Tam
5ourini by the gentleman's CLIENT
[Unsuppressed merriment of the
Court officers.
The Judge raped heavily for
order, and when silence was re.
stored, thus spoke:
This case is a peculiar one.
About once a month l hear it.
Sometimes | decide it one way,
sometimes another. It is gen.
orally appealed and always over
ruled. Authorities conflict. Judge
Timothy Campbell has beld that
an assault is not an assault when
generalization is shown but Judge
Patrick G. Duffy has decided
otherwise, basing his decision on
the old common law of torts which
presumes violence as the occasion
of blood flowing and contusions. 1t
was so held by Talley, in Morey
Us. Tom Collins, 4, IL, 329.'
If your honor please said
Ryan's counsel, I move the dis
charge Of the prisoner
On what ground?
On the ground that the COM
plaint is defective. It states that
Tam bourlni is an Italian, and re-
sides at 365 Mulberry street. Now
| offer to show by parole eVi-
dence that he is a native Of the re-
public of San Marino, and does
not reside at but sin 365 Mul-
berry street. His Honor Judge
Bowling, in Weston Us. O'Leary,
| ehQ 9 has held that The SuhSti.