The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-29

A vivacious Volume OF Law Reports.
Tho contents OF tho twelfth volume OF the
american State Reports THE Bancroft Whitney
Company San Francsco) confirm the high
opinion OF this series which We expressed
shortly after the earlier volumes appeared
The editor. Mr.. A. c. Freeman. is the author OF
several well-known and highly esteemed legal
teXt books, and tho series Ia intended to report
the cases OF general value and authority decid-
cd in the courts OF last resort in the several
Statos OF the Union.
Nine States are represented In the present
volume: California. Florida, Georgia, Indiana.
Kentucky. Massachusetts. Minnesota Now
York, and Pennsylvania. The book contains
LOOP pages. md is not unduly bulky, although
it is printed In go,d tyne on thick paper.
The proportion OF instructive and interesting
cases is larger than usual in such collections
To begin with California we find m important
decision in regard TO the law Of Islander. Tho
alleged slanderous words were spoken by tho
defendant In his own house in a conversation
addressed exclusively to his wife when there
were no other persons present; and the Ques-
ton was whether such IN utterance consti-
tuted publication within the meaning OF the
law. Tho Supreme Court oil California held
that it did not when husband and wife talk
to ench other alone" says the Court. tho
conversation differs but little from tho process
OF talking to ones SELF or. as 1t is sometimes
called. thinking aloud. There Is no inten-
ton that tho conversation shall be re-
peated to others and no presumption
that 1t will he. 1t would be strange
indeed |! husband or wife could
not safely say anything to the other
about their neiehbors or acquaintance
which he or she would not feel warranted In
saying to the world" And the Court further
suggests that if q curious person should ask
what had occurred between n husband and
wife IN the scclusion OF their home. the appro-
pirate answer would be I'd est nullun til ne
Goh." or. to put it in plain English. 1t Is none
OF your business"
Another interesting California case arose out
OF tho Defendants act in maintaining a long
line OF cottonwood trees close to the boundary
between his land and that OF the plaintiff.
Tho complaint was that these trees consti-
tuted nuisance. because their branches over
hung the plaintiffs land some twenty feet, and.
by reason OF the shade which they cast in or
fered with he plaintiff in the free and full use
OF his land for growing fruit trees thereon.
Tho trial court, however, refused to grant any
injunction. inasmuch as it did not appear that
tho complainant had ever planted any fruit
trees near tho boundary. or that he had ever
desired or proposed to do 30; and this judy
ment in favor Of the defendant was sustained
by the appellate court.
new application Of the law OF negligence
as affecting the liability OF the owner Of land
to persons who come thereon by invitation. is
found In Georgia case. where the plaintiffs
on the land OF the Atlanta Cottonseed OIL |
Mills. The mud hole contained considerable |
g%nS e OF S SnnsG S9d which drained
burned. The supreme Court Of Georgia de- |
clHIed that the liability Of the mill owner
invites others on his premises where he |
a aas dangerous .,. animal 1t twas was the
exercise OF ordinary care aud prudence to pre-
vent the caustic soda from being where II |
would 40 injury TO any one who lawfully came
upon the land: and as there was no attempt |
10 account satisfactorily for the way In which |
the chemical got into tho mud hole the plaintiff
which finally died from tho elect Of the burns
caused by the soda
we ma one 10 the effect that member OF
mutual aid ASSOCIATION. which is really part
heGSnit' cannot maintain an action for libel
thereby be suing himself AS n PARTNER in the
concern; another declaring that stenOgra-
holers" within tho meaning Of the Georgia
statute which makes the dav weekly. or
esa and shr S1Gh% "apg
when the terms OF exchange lave been
,aS 81. and ACQUIRED Possession OF Of IN" Inc
sense Of hpmer on tile Gsnc6 In 9isor saron IS
Wen ,nL as n the state reporter In divorce suit
cafsd That incarceraton Tor mona a paymr T Of
salimony is not Imprisonment Tor dobt. Bland
i1rd' :! says; When Il appeared to the Court
With the decree, AMI that no failed 10 comply
with II. we think the Court had the right and
the power - imprisOn I'm until he did comply
with ~. This is case. IL which the old ndaee
APPLIES that when bird can sing and will not
S Of q Snder act hs stale hs a 4s
head nols is as follows, Tint alcohol Is an
i n.%Sss spirtuous liquor need not be
Indiana furnishes contribution to the lit
eratute OF Sunday laws; In u case which holds
customer by u barber On Sunday is a work OF
neeesRity must be deemed question OF fact 10
Case by .eH 'E IN sHch PaTtc1Gr
decision 1t has been held otherwise in Arkan-
sas' where tho courts lake judicial notice OF
Is not necessary.
singular question OF constitutional law ia
reported from Massachusetts. There is a
statute in that commonwealth which declares
IHnt any fence or other structure in the nature
height, maliclousy erected or maintained. for
81 adjoining pronerty, shall DO deemed . pri-
70 an opinion by Judge oliver Wendell Holmes,
r.. declares this law to be constitutional. on
hs poSS poWsT t q the stSis s IissS
of the statute, however. and under the common
aw, man has n right to build a fence on his
own land as high as lie pieases; however much
nay obstruct his neichbor's light and air"
The cases TO which We have referred will give
'ohe Idea OF the variety and Interesting ma
ure OF the eonten's OF tho twelfth volume OF
he American state reports. which Is al in
'tructlve and entertaining book. oven 10 the
reader. As We have already
'aid. next to the reports OF his own state and
u the supreme Court Of the United states
his series 10 more valuable than any other 10 |
,he lawyer who desires to keep himself In
oFmed In regard to the General currant N IN. |