Northern tribune. [volume] (Cheboygan, Mich.) 1875-1885, 1883-09-01
COMMERCIAL LAW.


...f.
Brief Digssts oe Late DeeisisNs.
Compiled Specially for the St. Louis CONNER
cisl 0axette.l
TELEGRAM AND DAMAGES.
A telegraph company had certain
printed rules and regulations, which, II
they accompanied the original message
sent. or were known by plaintiffs to ex-
list in respect to such message, became
. contract between the parties. They
provided that mo claim for damages
shall be valid unless presented in writ
ing within twenty days from sending
the message" The message in question
was night dispatch sent May7, and
promptly received by the Office in New
York. and Immediately takensto the st.
Nicholas Hotel, where one of the plain.
tiffs was stopping. But it was not then
handed to him because OF an error in
the name, which read Herman" in.
stead Of ''Heimann." The dispatch was
handed to the proper person May IA.
No claim for damages for such delay
was presented to the company in writ
ing or otherwise until May 81. Held,
that the delay in receiving the message,
occasioned by the mistake OF the COM
pany. should not modify the condition
and extend the time, because there was
time enough left for such notice between
May IA and May "a. Twenty days is
not an unreasonably brief time within
which to require notice. When the con-
tract does not specify the time within
which an act must be performed, what
is reasonable time will be question
of fact for the jury. But when the time
is fixed by the contract, the question OF
its reasonableness IS one OF law for the
court to determine. The rule for twenty
days notice is valid condition.-Hei-
mann ct al. VS.. Western Union Tel. Co.,
Supreme Court of Wisconsin.
TREsPAss ON PRIVATE GROUNDS.
The owner of private grounds is
under no obligation to keep them in a
safe condition for the benefit of tres
passers, idlers, bare licensees, or others
who come upon them not by invitation,
either express or implied, but for their
own convenience or pleasure, or to
CRAFTY their curiosity, however lauda-
BILE their purpose may be. The owners
of private grounds are liable for inju-
ries to children, although trespassing at
the time, where from the peculiar ma
ture, and exposed condition OF the
dangerous defect or agent, the owner
should reasonably anticipate such
injury to flow therefrom as actually
happened. The distinguishing princi-
pie upon which such cases rest is that
the persons injured were mere
children without judgment or dis
erection, and likely to be drawn by
childish curiosity or the instincts of
childhood into places of danger
Coppner VS.. the Pennsylvania Com
pany, Appellate Court of Illinois.
WARRANTY OF GOODS.
Certain goods on being offered for
sale were represented as ''good bagging
and gunnies and far superior to any
Chicago or Milwaukee packings." The
purchasers refused to pay for these
goods unless there was an allowance of
5000, for they were of an inferior
quality, and when suit was brought
they set up counterclaim for that
amount and recovered upon it. On
appeal the court said: There can be no
doubt that this representation amounted
to warranty of the quality of the mer-
chandise upon which the defendants
had a right to rely. 1t is not ques-
toned that the warranty applied to the
first carload sent, but it is disputed that
the second car load was sent under it.
But all the goods were sent on the same
order, and the warranty is co-extensive
with the contract. -Winklar VS.. Potter,
Supreme Court of Wisconsin.
SURVEY AND wATER-LINE OF LAKE.
A purchaser of land from the United
States, when the plats and field notes
show that it is bounded on one side by
. nnvigable lake, takes to the low-water
mark of such lake. Although the proof
shows that there is wide belt or mar
gin between the high and low-water line
of such lake, which in times of low
water is available for agricultural pur-
poses, such as for pasturage or meadow
land, this fact does not justify the COM
missioners of the general land Office in
surveying such belt or margin of land,
and allowing the same to be entered as
unsurveyed and unsold land. And a
patent issued to purchaser for such
land is void, as against the holder of the
original title bounded upon the water
line.-Hardin VS.. Jordan, United States
Circuit Court, Northern District of ILL
nois.
RAILROAD TICKETS.
When q railroad company sold a
through ticket, with the usual coupons
attached, over connecting lines, held,
in the absence of special contract to
the contrary, that it acted in the sale of
the ticket as the agent of the other
roads, and that the first road was not
liable to the purchaser for damages