The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-01-18
THREE SHORT OPINIONS.
They were Handed Down by Judge Arch.
bald Yesterday.sNatters That were
Passed Upon in Them.

Judge Archibald handed down three
brief but interesting opinions yester-
day morning. In the certiorari case
of William Hobby against Salvatore
Magnetic and Antonio Pasco he re-
versed the judgment of the alderman
as to Magnetic and affirmed it as to
Pasco. Pasco is a 17-year-old boy em-
ployed by Magnetic as a driver. On
January 8, 1897, Pasco ran over and
damaged a bicycle belonging to Hod-
by. Alderman Howe gave judgment
against the master and the employe
for the amount of the claim $74.55. An
appeal was taken and in passing upon
1t Judge Archibald says:
The liability of the master to answer
for the negligence of his employe is not
as n rule direct but consequential. 1t
is true, If the master was present at
the time and directed the trespass to
be committed, or subsequently assented
to what had been done, or II it was the
natural and probable result of orders
given by him, carried out by the servant
without negligence on his own part
| trespass win lie. q Chitty, Pleading $780, }
| But this is highly exceptional and any
| such unusual features, If they exist, being
| essential to make out a cause of action,
| must be set forth. The record must JUS
| llly ltSell anu SNOW lndI, OIL winch the di-
| derman has Jurisdiction.
AS it stands here we have apparently
| nothing more than the ordinary case
| of a trespass by an employe for which
| the master would be only indirectly lia-
| BILE, and We are not called upon to help
J out the record by undsclosed possibili-
| ties that ii was otherwise. With the
| highest regard for the opinions of the
| learned Judge who decided the case of
| Carle VS.. White, Haven Ins. Co a Dist.
| reports, 220 so far as 1t conflicts with
| what Is thus said, we cannot follow 1t.
The judgment as to Salvatore Magnot-
| ia is reversed; as to Antonio Pasco II
| Is affirmed.
George +. Barber obtained a judg-
ment in Alderman Wrights court
| against Elizabeth Beach. She wanted
| to appeal and had the alderman make
a transcript. She took the transcript
and gave bail for the costs and was
| told by the alderman that she had
| nothing more to do. The alderman
meant that she had nothing more to do
| as far as his court was concerned. She
| misunderstood him and neglected to file
| the transcript. When it was too late
she discovered her error and applied
| to court for permission to file the tran
script nunc pro tune.
Judge Archibald refuses the petition
| She misunderstood and msapplied the
alderman's words. the judge says, and
he cannot absolve her from her error
| 1T is difficult to impress the common
mind with the maxim that Ignorance
| Of the law excuses no one and against
| the many attempts to escape this re-
spOnsibility the courts are compelled
to resolutely set themselves" is one OF
the passages of the opinion.
In passing upon the certiorari case
of Isaac Staples against julius Fried.
man, His Honor deals in a little sar.
casm at the expense of Justice of the
Peace John F. Atkinson and Constable
Michael Moran, Of Carbondale.
Staples is a wholesaler of Saltwater
| MINI. Friedman is in business in For.
est City On motion of II. O. Watrous
attorney for the defendant, Squire At.
lSinson quashed a short summons tax.
en- by Staples on the ground that he
was nonresident and had given ne
security for costs. Afterwards tn,
squire changed his mind and CAV,
judgment for the plaintiff.
The transcript of the proceedings de-
scribing how the change of mind oc'
CURED reads thus: m. Moran, the
constable who served the summons
sworn, and claims for plaintiff that tn,
debt is justly due and owing and thai
no part of it has been paid, whereupoT
judgment is publicly entered for plain
tiff and as against defendant for $40.
10 and costs of case. Johr f. Atkin
son, justice of the peace"
AS to what moved the justice Of tn,
peace to change his mind the judge /.
at a loss to say but he suppOses 4
was 1.-The persuasive oath of Consta
ble Moran" ut would have been bet
ter" the judge goes on to say, "if h,
mad adhered TO his original mind, fol
now 1 am compelled TO reverse him"