Omaha daily bee., 1896-04-12


THAT bed !. not ordinarily h dangerous
instrument is Of no moment IN this
case" said the court, In holding that
the seller Of a folding bed falsely represented
to be safe is liable TO any person who may
be injured while usine A. In, this case II
was warranted to stand upright against the
wall during tho daytime" and tbis. II ap-
pears. II would do. But the trouble arose
over further warranty that Mt night when
tho front part was lowered "the legs Of the
same would automatically descend and Sc
curely lock themselves" The complaint OF
an injured lady alleged that being about to
retire for the night, and the legs thereof be
ing apparently secure, she In the course of
her preparations for retiring, leaned with
her lefe arm upon the side Of the bed, and
while she was in this attitude the heavy
framework Of the bed fell forward and
| downward upon the horizontal part and upon
the plaintiff breaking her arm and other
wise injuring her to her damage" Conse-
| quently the seller of this trap was held liza
BILE to be mulcted In damages because Of its
vicious propensities.
quotation from 1.-THE Case Of Heresy,"
| Z Coke, &C. says: "The archbishop and
other bishops. and other the clergy at a
general synod or convocation, might convict
an hereto by the common law. But for
this. that 1t was troublesome to call oon-
vocation of the whole province, 1t was or
dained by the statute Of z Hen. w, chap.
10. that every bishop In his diocese might
convict heretics. And IL the sheriff was
present he might deliver the party convict
to be burnt without any writ de haeretico
comburendo; but u the sheriff be absent or
IL he be to be burnt in another county, then
there ought TO be a writ de haeretico com
burendo." This revered common law au-
,hority should not be disregarded. Nothing
less than the formality of writ de
haeretico comburendo will satisfy a hereto
when he is to be taken to another county
to be burned.
In life insurance case federal Judge re-
Gently charged the jury as follows:
Now, gentlemen of the jury, try to close
my eyes, as well as l can to the fact that
woman and child have any interest whatever
in the result Of controversy when 1t is
brought into court. cannot always do 1t.
don't suppose you can. II is not expected.
IL man can do that he is no better than a
brute. He is as bad as the heather is sup
posed to be, and worse than the horsethief is
thought to be. If he close his eyes to that
fact lose all sense OF decency and self
respect he would not be fit for Juror. But,
so far as 1t is possible for you to do that you
do so, and decide the case precisely as you
would II 1t was between man and man, or be-
tween woman and a woman" And yet the
insurance company took an exception to the
charge.
The Century, Standard, International and
Encyclopaedia dictionaries are steadily falling |
behind the courts. One recent decision es- |
tablishes that when a man Is hung by a mob |
1t Is an accident" child whose parents |
are living has also been declared by an emf |
nent judge to be an orphan" and when life |
inmrance was taken by man while unmar- |
ried, 1t was judicially declared to have been |
effected by husband" In addition to |
these, an unmarried woman has been de-
clared by our highest court to be Single |
man.
Some years ago a court, speaking about a |
deceased canvasser for insurance, said there |
was proof that in an interview with the |
president, the deceased remarked that he |
could procure a great number Of applications
in Newark n. j., to which the president in
substance replied that he must be cautious, |
as the company did not wish to insure insane
persons, or persons of habits of intoXication." |