Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1883-08-17
COMMERCIAL LAW.
Brief Digests of Late Decisions.
Compiled Specially for the st. Louis CONNER
cial Gazette.

Compiled Specially for the st. Louis CONNER
cial Gazette.l 81
TELEGRAM AND DAMAGES.
A telegraph company had certain
printed rules and regulations, which, if
they accompanied the original message
sent, or were known by plaintiffs to ex-
ist 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
themessage. The message in question
was a night dispatch sent May z, and
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 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 psesented 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. Tweaty 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
IFS reasonableness is one of law for the
court to determine. The rule for twenty.
days notice is n valid condition.
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-l
bic their purpose may be. The owners.
of private grounds are liable for iniu-
rles 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-i
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
child sh 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 fol.
sale were represented as ''good baggino
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 contr-ct.-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
navigable 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 Hi
nois.
RAILROAD TICKETS.
When a railroad company sold o
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