The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-07-17


and the adjustment of the chain and
rod attached 10 the car, from the al
legged defective condition. of which the
accident resulted. The court held that
this testimony was competent The
court of appeals has now affirmed the
judgment
Jacob Lingsweller, who died in 1892.
by his will left his wife an estate for
life. and directed his executors on her
death to divide the remainder among
his children and the issue of a deceased
child. The widow and children conveyed
Certain premises forming part of the
estate TO Solomon Loeb, by a deed by
which they Jointly and severally COW
enanted that they were seized in their
own right of a good, absolute, and in
defeasible estate of inheritance in fee
simple. Upon the delivery of the deed,
Loeb paid part of the purchase price
Of the property in money, and to Sc
cure the balance of $4,000, gave back
to the children a bond and mortgage,
which provided that il the title te any
share failed, Loeb might make such
reasonable payment as should acquire
the share or interest which failed az d
that the amount SO paid should con-
stitute credit upon the principal of
the bond: and that any amount of
which Loeb should thus obtain the
benefit should corfespondingly reduce
the liability OF the obligors upon their
covenants in their coed and that those
covenants we're to remain in force Only
| for amy residue or liability upon their
part" Afterward, and before the death
| of her mother, Julia Schoenem5n. one
of the testator's children, died. and
Loeb purchased the interest of her
children in the property for 5000, and
was given credit for that amount upon
| the bond. In suit by Charles Lings-
| weller and others against George w.
| Hart and others to foreclose the mort
| gage. the first appellate division in an
| opinion by Justice Ingraham, affirmed
| Judgment given on the trial in favor
| of the, plaintiffs, holding that Julia
| Schoeneman took an alienable remain
| der, contingent upon her surviving her
mother, the vesting of the estate be-
| ing postponed until the death OF the
| life tenant, and consequently that moth
ing passed by her conveyance to Loeb,
| and that upon crediting upon the bond
the amount which Loeb was compelled
| &c pay for the interest of the children
| of Julia Schoeneman, each one OF the
| surviving obligees became subrogated
| FRO tanto to the right eff Loeb to en-
| force the covenant of title made by
| Julia Sehoeneman, and were entitled
| TO claim frcm her estate the amount
| by which his or her share had been
diminished by the credit upon the mort
gage.
In his book, Figures of the Past :,
Josiah Quincy gives the following ac-
/ count of the social life of the United
States supreme court in Washington
| as narrated to him by Justice Story:
| ''We dine" said Story, once a year
| with the president. and that is all. On
other days we take our dinner together
and discuss at table the questions
which are argued before us. We are
great ascetics, and even deny ourselves
! wine, except in wet weather" Here
the judge paused, as if thinking the
act of modification he had mentioned
| placed too severe a tax upon human
credulity, and presently added: What
l say about the wine, sir, gives you our
rule, but it does sometimes happen that
| the chief Justice will say to me- when
the cloth is removed: Brother Story,
step to the window, and see if it does
not look like rain. And if l tell him the
sun is shining brightly, Judge Marshall
| will sometimes reply: All the better,
for our jurisdiction extends over so
large a territory that the doctrine of
chances makes it certain that it must
be raining somewhere.
/ Martin Nasher who, in February,
| 1876, owned the property $40 Third ave-
nue., New York city, signed a petition
to the commissioners appointed to de-
| termine the question of construction
| requesting them ito determine
that such road ought to be con-
structed and operated on the route so
designated" David NJ. Koehler, who
| became the owner of this property
| q ~
New York Elevated Railroad Company
| for damages for deprivation of ease
| ment in the street. In 1895 he conveyed
| the property to Morris Goldstein, who
was made an additional party plaintiff.
| The plaintiffs were awarded judgments,
Koehler for the rental value to the date
| of his conveyance, as damages. and
| Goldstein for an injunction. unless the
! fee and rental value adjudged were
paid. This judgment was affirmed by
the first appellate division in October,
! 1895, in an opinion by Justice Barrett.
and is now upheld by the court of APP
peals, Judge Bartlett giving the opin-
ion The court decides that Nasher's
| action did not constitute waiver of
his right to damages. The petition
| which he signed was not addressed to
the railroad company, and contained
| none Of the provisions that would be
| appropriate to a consent that the rail-
road be constructed, executed between
a property owner and the corporation.
1t was mere suggestion as to the de-
STABILITY of one route over another in
the street. The company by failing
| to demand a jury trial upon Koehler' s
claim, was held TO have waived any
| right 1t may have had to a jury trial.
The awarding of rental damages was
a mere incident Of the equity suit, seek
ing preventive relief, and the convey
ance Of the property pending the liti-
cation did not alter the situation when
the grantee was brought in before
| trial.
After the department of parks of