The St. Charles herald. [volume] (Hahnville, La.) 1873-1993, 1883-11-03
COMwpRCIAL LAW.
Brief Dig6sts o. Late Dsciaions.
Compiled Specially forthe ST. Louis CONNER.
csal Gazctto,i


| naAek DiHeetS Oh Late DDciAt0m9s
Complied Specially forths 81. Louis Commer-
csal Gazottc.i
oBsTRUcTING STREETS
The defendant CONSTRUCTED its railroad
through the city Of Brunswick by per-
mission Of the city authorities. Plaintiff
| complained that tho road IL located in
front of her lots, ON n certain street,
| whore defendant has dug bitches and
built embankments whereby th5 cross
ings are so INSTRUCTED that they can not
be used by plaintiff for the benefit
of said lots. The jury were instructed
to the effect that II defendant, by maxi
ing tho road-bed and grade above the
| grade or level OF the street, has thereby
unnecessarily impaired the usefulness
of the street, and plaintiffs property has
been injured or lessencd Ia value there
by, then the Jury should find for tho
! plaintiff, and the jury so found. On ap-
| peal the court affirmed this finding, and
held that TIE right conferred by the mus
nicipai authorities upon company 10
lay lis track upon street in city, II
TO lay 1t on the grade OF thestrcct. And
il embellishments are raised by the CONF
| lAny To lay the track upon, above the
grade, the company Is liable TO property
holders In damages for obstructing tho
access to their property. Gross VS., St.
Louis, etc, Railroad Company, st. Louis
Court Of Appeals.
RAILROAD FARES.
A statute Of Illinois fixed railroad
passenger fares at the maximum rate OF
three cents per mile. The validity Of
this statute was declared BY the count
as follows: ''irants Of immunity from
legislative control are never 10 be pre-
sItmed. On the contrary, the presnfnp-
tions are all the other way, and. unless
en- exemption is clearly established tho
Legislature is free TO act on all subjects
within It's general jurisdiction as public
| interests may seem 10 require. A State
may limit the amount Of charges by
rallroad companicsfo rfaresRnd freighia,
unless restrained by some contract in
the charter, In the present case there
Is no such restraint The State, It IL
true, has given tho Board Of Directors
Of the railroad company the power 10
establish such rate Of tolls as they shall
from time TO time, by their bylaws, do
termine, But such bylaws must not
be repugnant TO the Constitution and
laws Of the State II Is already settled
that the State has the Legislative power
| to regulate the charges OF carriers for
hire. - Rnggles vs.. People Of the Stats
Of Illinois, Supreme Court Of United
| States.
VALIDITY OF PATENT.
An Improvement In the process OF
manufacturing middlngs flour was pat
ented byone Downton In 1875. The main
feature of the improvement consisted la
tho use of rollers instead Of millstones
for grinding the grain. Tho court hch
the patent void for want Of novelty, the
Improvement set forth In the patent
having been described In detail in
printed publications many years before
the date OF appellants alleged inven.
ton. One OF these publications, IL
seems, was printed Us early as 1847, and
contained q much fuller and clearer ex-
position OF the essential features Of tho
appellants "impr0ycd process than
was 10 be found In the specifications
upon which appellant obtained his pat
ent. -Downton VS.. Yaeger Milling Co..
Supreme Court Of United States.
ACCIDENT INSURANCE.
Plaintiff brought suit on policy Of AC-
+ AidttiJ litoNi0HCtf utttKluH NhiNI WHlIG nU
was riding as n passenger on train uf
cars, he fell asleep from WEAKNESS and
themotion OF the cars, and that while
so unconscious no arose from his seat
and went TO the platform Of the car and
fell thercfrom to the ground, thus sus-
tanning injury The court held that
these facts amounted to cause OF ar-
ton, 1t being evident from the aIlena-
lima fbuf fIta v.lofaffR
sible for his actions and conduct rs a
human being could be from any possible
cause, and that that was sufficient. -
Scheiderer vs. Travellers Insurance
Company, Supreme Court Of Wis.
consin.
FIRE INSURANCE.
A policy provided that no suit for loss
or damage should be sustainable until
after arbitration and award. The com
pany elected 10 replace, but the repairs
were not satisfactory, and proofs Oh loss
were served and suit instituted by the
insured. Offers of the company 10 ar
bitrate were refused. Held that the
election to rebuild was q waiver OF the
arbitration clause, and the refusal of
the insured TO arbitrate was no bar to
the general cost OF placing the build
ing In its former condition was ad-
missible. -Wynkoop VS.. Niagara Fire
Insurance Company, New York Court
Of Appeals.
NOTE OF CORPORATION.
The authority Of an officer OF a cofpo-
ration to execute its note depends tlboa
the bylaws, or upon.the custom Of tbe
corporation. II It be the custom Of
corporation to permit the Treasurer to
execute lis promissory notes, the corpo-
ration will be bound by such noe.
especially if it receives the benefit Of
the money for which Il was executed. =
iEosier ". Ohio, Colo. K. q M. Co.
! Iqitcd States Circuit Court, District OF
! 'orado.
, TRADE MARX
8 madword "SaEnaritaEi'' can not be
: the ctrade-mafk fof medicines, as In
S Herb ination sssamaritans Root and
0 word ssAs.p The appropriation Of the