The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1893-01-25
NS1T "a. 3d.
WftllIl Eagle
ONE KIND OF TRIAL.


Must Occasionally Endure.
Lawyer Jasper Hamilton was hard at
work on a bill of exceptions in case
which he had determined to carry to a
higher court
1t was the last day for fling the bill
il the court above, and he knew that
any interruption would make it impos-
sible for him to complete it and oblige
him to abide by the decision of the court
below, where he believed his client had
not received his rights 4 man entered
his Office.
Are you Lawyer Hamilton"
81 am"
''My name Is Jones. I want to ask
you a question or two. You understand
the law and don't, and it'll only take
a minute, so don't want you to charge
me anything.
"It's this: Ben Slack is neighbor of
mine. We're both farmers and we live
three miles from the railway depot
Slack went to the depot for load of
goods for our storekeeper, and as he
passed my house 1 told him to fetch up
barrel of dishes from the depot for
me.
well, he went down end loaded up
the goods, but there was 50 many of
them that he couldn't get my dishes on
the wagon, so he told Dave Brown, an
other neighbor of mine who happened
TO be at the depot after a load Of fertiI
izer-but the fertilizer didn't come-he
told Brown to take the dishes along
and roll them off in my front yard.
Brown loaded the barrel up and
started toward home: but he hadn't got
more than half a mile when Dan Lar
kins overlook him and told him that his
fertilizer had just arrived on a freight
Brown stopped and wanted to turn
back to get the fertilizer, but he didn't
know what to do with the dishes.
''Just then Bill Haskins. who is Pete
Stark's hired man, came along in a wag-
on and Brown asked him if he would
take the dishes as far as my place.
HaskiBs said he would, and they rolled
the barrel into his wagon.
''Now, before | go any farther, there's
another railroad track that crosses the
road about mile from my place. and
the company doesn't keep a watchman.
A good many accidents have happened
there, too.
Now, to go back again: Haslzins is
blind of one eye and the other one isn't
of much of account-sore most all the
time-and so he isn't much better than
a totally blind man. lie started toward
my place. and just as he got on the rail
road track an engine that was going
down to Nashville struck his wagon
and smashed my dishes into smither-
Gems
Now, I want to know who I am to
sue Somebody's got to pay for those
dishes, and I want you TO tell me who
it is Have | got to sue Slack or Brown
or Haslins or his boss, Pete Stark, or
the railroad company? I think Pete
Stark ought TO pay me for the dishes,
because he has no business TO hire a /
man that can't see to drive his team.
But say, if Stark hired Bill Haskins,
knowing him to be partly blind, and
asked Ben Slack to fetch up my dishes
and he turned them over to Brown and
Brown gave them to HasIlins-Slack
and Brown and myself all knowing
Haskins to be partly blind would that
knowledge be contributory negligence
on my part and defeat my action if |
should sue the railroad company?
IF not whose negligence would it (
be? Was Slack my agent? If he was
could he authorize Brown to act in his .
place and Brown become my agent and .
could Brown authorize Haskins to act .
FOR him and HaslSins become my agent, .
and IL HaSkins was negligent would his .
negligence be my negligence?
Wouldn't Haskins' negligence, If he .
was negligent, be his employers negli- /
Eence, and Stark DO liable? Could .
Haskins be the agent of both myself
and Stark? If he was would that pre-
vent me from suing Stark? If I sue /,
Stark and recover, and Stark turns
'arounds and sues his agent Haskins,
could Haskins set up that he was my
agent and sue me as principal?
''Can an agent appoint a sub-agent
without the consent of the principal?
If he can, and the sub-agent transcend
the authority of the agent, viii his act
bind the principal? Suppose | sue
Haskins and recover, could Haskins, as
the agent Of Stark, sue Stark Tor in
demnitv?
IF ] didn't know that HaSlinS was I
partly blind, and if didn't give Brown
authority as my agent if he was my
agent, TO ask Haskins to haul my
dishes, couldn't l sue Brown and re-
cover because he exceeded his authority?
These things are all perfectly clear
TO you, being a lawyer. but | don't
know head from tail bout them Now.
what am l to do?"
Gentle reader, I know what Won
think, or at least / think l do. You
think that Lawyer Hamilton was great
" ANNOYED by Mr.. Jones, that he lis
tened to Jones tale Of woe and his
question or two, but not without
great deal of aheming and coughing
and frequently taking up his pen and
politely auuding to his lack of time
and pressing work, and that BY reason
of Jones untimely interruption. he was
unable to finish the bill of exceptions
md his client suffered
But you are wrong LAWYER Hami-
ton worked and listened simultaneous
oy. and by the time Jones had finished
aus story the lawyer mad completed his
DILL Of exceptions.
Then he turned from his desk. an
swered every question asked ny Jones.
and received an earnest thank Won"
from that gentlemaB.-kate FIELDS
Washington.
Queer Happening
Wilhngs-AS came down street with
. :