Smyrna times., 1897-02-10
PUZZLERS IN COURT.
POINTS THAT HAVE KEPT THE LAW
YERs GUESSING.


What Would Make Interesting Vol
ume-several Examples.
An interesting volume might be writ
ten on the curious points of law that
are constantly arising in the courts.
The most expert lawyers and judges are
frequently puzzled by the novel situa-
tions in which they are placed.
One Of the most curious points of law
on record arose recently in a court at
Jersey, in America The question was
whether eggs, after reaching a certain
stage OF incubation, were to be regarded
as eggs or chickens. After quarreling
about the matter for some time, counsel
offered to break one of the eggs to sat-
isfy the law that it contained chicken,
IN which case, of course, the eggs would
have been considerably enhanced in
value, but there was a general demur
to this suggestion, and the justice re-
served his decision till he had consulted
his colleagues. The result had not come
to hand at the time of writing.
A remarkable case in France excited
a great deal Of attention some time ago.
A gentleman dining on the terrace Of
Narbonne restaurant let bank note
fall into his soup. He laid it down on
the table to dry and a gust of wind
blew it away. A passing dog swallowed
the note, and the gentleman detained
the animal, whose collar happened to
bear its masters name. Indignant at
| his loss, the owner of the note sued the
| dogs master for 100 francs, the value
of the note. There was much legal hair
splitting, but at length the court ordered
the owner Of the dog to pay the money.
! Another French case was that against
Paris hairdresser, who was sued by
lady for $50, being the price Of her
damaged locks. The fair claimant had
used the hairdresser's 3 wash, which was
said to restore fallen locks, but the result
in this case was to burn the hair off COM
pletely. The point was the liability of
the hairdresser, and the court awarded
the lady GS.
Applications for injunctions often
raise curious points. Not long ago an
injunction was granted to restrain an
officer in the life guards from keeping
horses in a London drawing room, the
ground of objection being the noise
which the animals made, which annoyed
the neighbors The offending officer is
now in lunatic asylum.
There was a fight not long ago in one
of the London courts between barrel
organ and piano, an injunction being
claimed to restrain a gentleman from
keeping an organ. 1t seemed that the
/ hry L. 4
neighbOr's piano. and to avenge himself
he obtained barrel organ, which he
played at all times OF the day. The
question of the Liberty of the subject, 3"
of course, came up, but the court de-
cided that, if an Englishman's house is
his castle, it is not a fit place for a bar
rel organ that never stops, and the organ
received strict instructions to remain
silent, on the ground that the owner evil
IDENTIFY intended to create a nuisance.
The market value Of cough was the
question submitted to the Birmingham
county court. A barrister sued rail
way company for ESQ for discomfort
suffered by smoking being allowed in a
waiting room at station and in non
smoking carriages. The smoking aggra-
waited the barrister's cough, and he was
awarded e10
A queer point arose in the revision
court at Nottingham. While the court
was sitting young collier named ALL
cock killed his wife in the most delib-
crate manner and afterward confessed
his crime An application was made
that Allcock's name should be struck
off the register. "Why?" queried the
barrister, receiving the answer, "Be-
cause he is a murderer. ''That re-
mains to be proved, said the barrister,
and the name remained on the roll.
The finding of lost property has often
given rise to curious points of law. A
workman who found a valuable ring in
a London theater claimed the return of
the ring from the proprietors, who had
taken possession of it. The court, how
ever, rejected his claim, as the ring had
been picked up while the man was full
filling his duties as a servant. At first
sight this decision appears to be incon-
sistent with that arrived at some years
ago in a case in which chimney sweep
sued jeweler for precious stone. The
sweep had found a brooch on his rounds,
which be took to the jeweler, who ex.
tracted precious stone and substituted
a worthless imitation. On this being
discovered, the jeweler replied to the
sweeps demand for the return of his
! stone that the stone did not belong tC
q the sweep, as he had found it, the infer
ence being that he could, Therefore
steal it with impunity. The court, how
ever, held otherwise, and the sweep re-
covered his jewel.
Eastern superstitition gave rise to
singular argument in a Chinese cour
g not long ago. A Chinaman had beer
D sent to prison, and, according to Gus
t tom, the authorities proceeded to cut of
I his pigtail, whereupon the prisoner ap
n piled for an injunction on the GROUND
! that without his pigtail he could not en-
ter the kingdom of heaven. After mucl
legal quarreling the court decided tina
there is no religion in prison, and tina
+ the prisoner must share the fate of bi
J. comrades, whatever the result in tn
g world to come. London Tit-Bita