The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1883-09-08
COMMERCIAL Law.
Brief Digests Of Late Declsions.
Compiled Specially for the 81. Louis CONNER
cIai Gazette.l

ApAtoA OAbUnNa ~ A&t~AS sARuoaaAcsAs9s
Compiled Specially for the 81, Louis CONNER
cIal Gaxette.l
TELEGRAM AND DAMAGES.
A telegraph company had certain !,
printed rules and regulations, which, IL
they accompanied the original message
sent, or We're known by plaintiffs to ex-
list in respect TO such message, became
u 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
promptly received by the office in New
York, and Immediately taken TO the st.
Nicholas Hotel, where one Of the plain
tiffs was stopping. But 1t was not then
handed to him because OF an error in
the name, which read s,Hermann 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 tho 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 cone
tract does not specify the time within
| which an act must be performed, what
is reasonable time will be a 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.
TREsrAss ON PRIVATE GROUNDS.
The owner Of private grounds is
under no obligation TO keep them In
safe condition for tho benefit Of tres
passers, oilers, bare licensees, or others
who come upon them not by In Vitation,
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 iniu-
ries to children, although trespassing at
tho time, where from tho 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 princi1
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. lIt
WARRANTY OF GooDs.
\ Car.o., -. =, -. s., -.
soIo ano..n sous ~ ooas vI9 $1,000 iur
ond sJ sa,. - sgDn Dassnk
ch I ~. Hf;I,.,a, ~ srPSs ; ~ MY
,,,,,.,,I - ,a,sns q /, ny ny
80 ,s,,io. t 49,. Pa, ~ snes9
sS0o 81. s snoiv was ~ ailo"anco -
%noG; ~, snoy weio " an ilorl1t
~, ". -" "non sum m ao"sns
10y Sto " o oe..sI ,,.. Ava 'n ms.
an,saaI az oo,,,.s s.9. ~ npon ~ vi
dp,,lt ,Sa t M ~ ~ ~
w .Ii "
cband;se ,,non ~b;dh ~ doSavdanto
LII ..;,i. $3.50 =. ~, 1s..AS
toned that the warranty applied to the
Ilrst CARLOAD sent, put y Is disputed that
Ine seeonu car ioau was sent under II.
| - q y
oruer, ana the warranty y co-extensiVe
WIN the c0ntract: Wlnkiar vs. fotter'
supreme court OF Wisconsin.
SURVEY AND wATER-LINE or LAKE. y
nrrcho sor ~ land fron, tho irn,.od
s,atds ,vhen thc ,Iats and GaId nn.as
show tbat Il L bdnnded nv ona s,da Si ~
navigable lake, takes to the low-water
mark OF such lake. Although the proof
shows that there Is q 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 Tor pasturage or meadow
land. TINS iact does not JUSTIFY me COM
missioners OF the general iand once In
surveying sucn nelt OF margin OF land,
nnsurveved and nnsold land And a
patent issued to purchaser for such
land is void, las against the holder OF the
original title bounded upon the water
| ltto Ha v.Jts. AZ, Tn,aH.,s. VT..sA~l CA.k.,.