New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-05-31

BY Connecticut man. who Is troubled because his
neighbor has tree for which the worms have par
tcuar fondness The tree has been the resort Of an
especially large number Of this spring. and they
have dropped from the boughs on the complaining
mans grourd to his great annoyance. To his COM
plants the neighbor has replied that while the tree
bore fruit the complainant glad to have 1t fall
the fence and he should not find fault II he has his
share Of the only product Of the tree this spring. inc
The Western Union Telegraph Company obtained
last week decision in Mississippi court holding
that the company not liable TO damages for men,
tai suffering caused by delay in delivering message
announcing the death Of brother Other courts have
recently passed similar questions and have usually
decided against the company. In Texas case
brother recovered 81 900 damages for delay In send
ing telegram announcing his sisters death. The
telegram was left with the operator early on Sunday
morning, directed to town nearby, but was not sent
until the afternoon, when 1t was too late for the
brother to catch train as TO be present at his
sisters funeral In another case 800 recovered
for similar delay. A father and son in another
Texas case began suit against the telegraph COM
pany which was decided few weeks ago. The boy
disfocated his arm and his mother sent Geographic
message for doctor The message was not delivered
No other effort was made to obtain physician, but
nine days after the accident the doctor to whom the
message was sent happened TO be passing the house
and went In He found that 1t too late 10 the
boys arm. which should have been attended to
promptly ox s arm orer o as daases s
preme Court held that the father could not obtain
cause he was himself negligent In not again sending
for a doctor when the telegram was not answered.
In a recent Pennsylvania action the plaintiff sought
to recover damages from trust company for injuries
inflicted by the sudden opening of door in fence in
front of house belonging to an estate OF which the
company the trustee. A life interest in the
house had been left by Jane Thomas the former
owner to her sister, Sarah B. Bull, and Mrs. Bull
to keep 1t in repair The company acting as trustee
exercised control the premises. yet the trial
Judge held that it was responsible for the injuries
THE Supreme Court reversed the Judgment holding
that even II the trustees could have had any re
sponsfbty for the existence Of the fence the injury
was caused not by the fact that the fence there,
but because some opened the door suddenly just
the plaintiff passing. Chief Justice Paxton,
who wrote the opinion of the Supreme Court, has
lively OF humor shown by the fact that he
carefully quotes this gem Of legal eloquence from the
printed argument of the plaintiffs counsel: IT, the
lawyer says, after quoting opinion Of Judge Pax
ton delivered in previous case, in which injury had
been caused by the swinging open of an engine house
door. the opinion OF the learned Chief Justice, as
SS Se e and ne1 III be a e s GsS are yaa
show Of platitudes,' and along every highway and
stores and warehouses. and operate their doors by
of springs and bolts, which open outward across
every sidewalk IN tS Guy cntrey across tne street,
that the doors operated In this way Nha stand
armed men every highway where II suits private
whims and caprces to have them: and, If such nui-
sances are to have the solemn sanction of the highest
tribunal in Pennsylvania, then I submit that ali the
awnings, signs, doorsteps erections, frames posts,
carnival. without limit, upon the public highways Of
Pennsylvania Judge Paxton remarks calmly that
notwithstanding this prediction of the dire evils OF
such course the court does maintain its former
opinion
Tie Editor Of "Ihe New-Yori Law Journal has
not had much experience as Irving Browne of
"The Albany Law Journal but from the specimens
published in the last number 81 "Tne Green Bag" ii
Is apparent that Mr.. LarTemore is better poet than
the elder editor 1t has. in fact, often been a cause
of wonder TO the readers of Mr Brownies excellent
which ne occasionally nhics upon his readers. His
sylvania in which ii was held that man who
was injured by the fall OF trapeze performer was
not guilty Of contribitow negligence because he occu
faults of lippancy and unevenness. Mr. Larremore's
which shows considerable poetic feeling 1.-THE Green
Bag contains an illustrated article descriptive Of the
supreme Court Of Illinois and entertaining sketch
Of the motherinlaw OF Francis Bacon and OF some
of her relatives. In the Notes Of the agazlne
are given some odd names Of reported cases. among
them being Gold VS.. Death, Onions VS.. Cheese. Sue
cessjon of Beer Gullet Gnllett ShrtZ VS. Shirt,
Estate OF Phisic Matter of Pie. and Pancake vs.