The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-04-14

what the rate of interest shall lac
where note is made at a place
where the law provides one rate, and
IT Is payable at another place where
the law provides different rate, and
all other questions arising out of
which law the parties are presumed
TO have intended 10 contract with
| respect to, there seems to be no fair
question, but what the law of the
place of payment is to govern"
Tho right TO stop goods in transit
because of any failure to comply
with the contract is ended when the
goods reach their destination. and
are stored by the carrier as the
| agent of the purchaser. The Mason
~ Hamlin Organ Company sold. at
Chicago, Illinois, to one Peck. of
Waverlyy Iowa, two organs, upon
time, and shipped them by the Hi
nols Central railroad late in Decem-
Der, 1879. The organs were unloaded
at Waverly, and stored in the ware
house for Peck, and, about the first
OF January, Peck was compelled to
suspend business because of insolv-
ency. One Clapp, a creditor, at
tached the organs, and the organ
company interviewed in the action to-
reclaim the property, and recovered
Judgment. The case, CIapp ".
Peck, was appealed and the Supreme
Court of Iowa decided, through
Judge Rothrock, that an unpaid
vendor has the right to reclaim
goods while in transit, and the RIGHT
continues until there is an actual or
constructive delivery of the posses
sion to the purchaser. If upon the
arrival of the goods at their destina-
tlon they are stored in warehouse
by the carrier, as the agent of the
conslgnee, the vondor's right to stop
Is terminated ~
For an injury suffered by. OF for
the death OF, passenger on a rail-
road train when he is out of his car |
and in place where he was hurt or
Killed by reason of being there, the |
Kentucky Court of Appeals, in the |
Railroad Company v. Thomas, has
just decided no recovery of damages |
can be had. Thomas was a passen-
ger, but left his car and was riding |
III the express car, which was wreck |
ell by the engine and baggage car |
OIL the track, and he was
killed. Judge Golfer, i'll the opinion,
said: "When passenger enters a |
railway train he should take a seat |
in passenger coach if there is room, |
and il he voluntarily goes to a posi- |
ton of greater danger, and is i'll
Iured, the question whether he is |
guilty of contrlbutory negligence |
which will defeat his action will de- |
pend upon the nature OF the misfor-
tune which resulted IN his injury. If
the contributory negligence consists |
III the fact that the passenger vol
occupied a position in |
the train which was more dangerous |
than the position he should have oc-
cupied, and it appears that the
danger of injury from that partic-
ular accident was materially i'll
creased by the fact that the pas
senger was in that particular place
instead of the place he should have
occupied, he ought not to recover,
unless he was there with the con-
sent of the conductor. But if the
nature of the accident be such that
The danger of injury was not en-
HANGED in consequence of the posi-.
lion occupid by the passenger, or if
Inc accident was of such q nature as
was as likely TO occur in one portion
Of the train as another, or if he oc-
;upied the place with the knowledge
DR. consent of the conductor, his
light OF recovery will not be affected
by the fact that he was in an i'm
proper place" .,-.