The Worcester spy., 1899-07-03
Howard. Crosby & Co., = bS:sss, ssGs,'i; s.:.. s,
CASES AND COMMENTS.
Interesting and Perplexing
Questions Before Many
Tribunals.

The question as to what are the
rights Of street cars as against per-
sons who in the pursuit of their busi-
ness, have occasion to cross the tracks
of the cars at place other than the
regular crossing of the street, has just
been passed upon by the first appellate
division of the New York supreme
court. Charles Rupert, on the after
noon Of the 2Sd of February, 1897, was
driving a heavily laden truck drawn by
Two horses northerly on the east side of
Sixth avenue, New York, and when be-
tween 80 and 40 feet south of the south
erly line of Seventeenth street he at
tempted to drive diagonally across the
avenue. and in doing so the truck came
INTO collision with car going south.
IL IS claimed that the car came down
without stopping, and struck the truck
with such force as to throw Rupert
from ms seat to the ground, causing a
fracture OF his skull, from which he
died. In suit by Charles B. Lawson.
as administrator, against the Metropol-
ltan Street Railroad company for dam
ages, a judgment given on the trial in
iavor OF the plaintiff has been affirmed,
IN an opinion by Justice Rumsey.
.sAAANAA W as COuCuIT6Q IN DY justices
Barrett and Ingraham. The court held
that the jury might find from the evil
oence shat the approaching car was so
feet away, and in plain view. when
Ruppert reached the west track; that
II was approaching rapidly and that
lneres would have been no difficulty in
stopping 1t, or in checking its progress
SO as to avoid a collision. without SER
iously delaying the car on the trip.
Inough the rights of cars in their
tracks upon the streets are superior to
the rights of anybody going along the
street or crossing elsewhere than at a
crossing, Justice Rumsey held that this
old not mean that they have the sole
or exclusive right to the use of that
portion upon which their tracks are
laid, and the streets are intended for
every citizen who has occasion to use
them.
At present there are in France 325S
civil courts not including the CONNER
elal courts, the Judges of which are un-
PAID, nor the councils of experts. To
TINS number must be added one court
OF appeal, l6 courts of first instance.
and 1O2 peace courts justices de paix)
IN Algeria, making altogether 1877
tribunals for dispensing Justice. We
might also add the police courts that
exist in each district, but whose powers
are confined to Furnishing trivial often
ces Taking no notice of these or of
me peace courts, which are little more
IMAM Cancellation courts, or offices
dealing only with small disn1,tes
about boundaries, the placing of seals
on the property of deceased persons
ana matters of like Character and
Whlchs are incompetent in cases inyoIv-
ing more than 300 francs we find that
mere are 4OS courts sitting regularly.
ana forming the actual judicial body.
lnAnU do
pioy? A few provincial tribunals have.
only three; others have five. and soma
still more. distributed among saI,ero1
courts. Thus in Paris. there are AZ
Judges, composing nine courts, - vice
presidents and one president, whose
pose Is a hlgn one Besides these 81 re-
gular judges there are a number Of
substitutes Cuges supleants). who
judges. euseo
The full bench of the Massachusetts
supreme court, in decision filed in
the case of Enterprise Brewing Corn
pany VS.. George Crime ct ali holds
that foreign corporation may legally
engage in the business of selling intox
icating liquor in this state if it las
license from the local authorities to
do so.
The plaintiff in the case is a corpora
tion organized under the laws of Rhode
Island, which sold Intoxicating liouor
to Finnegan & Fitzsimmons in Fail
River. The latter gave a mortgage to
the plaintiff to secure an indebtedness
due on account of liquor sold and sub
sequently became insolvent the pres
ent defendants being their assignees.
The assignees contested the validity
OF the mortgage, on the ground that
foreign brewing corporations cannot
1dNfllliV in,
commonwealth, and also on the ground
that foreign brewing corporations can
not be legally licensed in this state.
The court holds that the contention
is not sound and that foreign corpora
tions which have obtained a license,
may sell intoxicating liquors and also
that a failure of the corporation
missioner power of attorney and
other certificates required by statute,
does not invalidate it's contracts, the
statute being directory only.
The court cites numerous instances
where domestic corporations are per-
mitted TO sell liquor and says thst the
statute on which the defendants relied,
only prohibited foreign corporations
from engaging in business which was
forbidden to domestic corporal tions.
The plaintiffs mortgage is held valid.
Judge Hoyt II. Wheeler, In the Unit
ed States circuit court for the district
of Vermont, has handed down an opin-
ion restraining the Rutland Railroad
Company from issuing coupon mileage
books at two cents per mile, to be used
by any one presenting them, as pro.
vidcd by law passed by the Vermont
legislature in November last, which
went into effect Feb. /. 1899.
The case and decision are of interest
to the railways, because of the recent
legislation in many states on the sub
ject Of mileage books at reduced rates
The Vermont statute passed at the last
session, provided that all railways op-
Grating over fifty miles of line wholly
or partly in Vermont must keep on sale
at the. principal stations mileage tickets
in the form Of coupon books, to be used
by anybody presenting them. the max
imum price to be charged not to ex-
ceed two cents per mile
prohibition paper in New York
state has libel suit on its hands be-
cause of a severe article published
about q banquet that had "oyster
cocktails" and "Roman punch on
the bill OF fare. The editor labored
under the impression that an oyster
cocktail was something to drink. says
the OH City Derrick, instead Of oys-