The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-12
WITH THE LAWYERS,
Recent Cases of General
Interest to
All.

All.
The second appellate division Of the
New York supreme court has recently
held, in the case of Howard vs.. city Of
Brooklyn, that a city cannot be held
liable for not forbidding the use of its
sidewalks to bicycles. The plaintiff
in this case was injured by being run
down by rapidly moving bicycle on a
Brooklyn sidewalk, and sued the city
for damages on the ground that it per-
mitted bicycles to be ridden on its side
walks at a dangerous speed to such
an extent as to create a common nui-
sanee. Il can find no case" said Jus
tice Goodrich which extends the La
bility of a city to a failure to pass an
ordinance forbidding the use of its
streets or sidewalks by vehicles. The
bicycle is of recent adoption, and it is
not strange that the question of its use
on sidewalks has not arisen, but there is
no difference in principle between its
use and that of any other vehicle"
An example that might we'll be fol-
lowed in the American courts was the
action of the probate division in a re-
cent divorce case in France. The cOun-
sci for the petitioner stated that in the
interest of the public morals the evil
dence ought to be kept out of the pa
pers The president thereupon ad-
dressed the reporters and requested
them not to report the case. One of
the reporters asked whether his lord
ship meant to forbid the reporting of
the case. No, sir replied the presi-
dent, I only express the hope that you
will not I must add that, from nv
past experience, have every confidence
in the gentlemen of the press" The
reporters thereup0n left the court room.
A case of considerable interest arose
in London last month. A stolen bicy-
Gle was sold by the thief, and the pur-
chaser resold it ct auction The thief
having been convicted of the larceny
the original owner of the machine sued
the first purchaser for conversion. The
latter set up as defense that he had
sold the bicycle in market overt Mr..
Commissioner Kerr, however, held that
this was no answer TO the claim. I'm
DER the English sale Of goods act, sec
ton p, the buyer in market overt ac-
quires a good title if he buys in good
conters no title on the seller of stolen
property and affords him no defense
against claim for conversion.
A New Jersey supreme court has rem
dered a decision, said 10 be the first in
this country, in favor Of a trust. The
decision was given in the suit Of the
New York Trap Rock Company against
Brown & Fleming, About two years
ago there was a brisk competition be-
tween the rival firms and owners Of
quarries, and a trust was formed. Sew
eral Of the quarries We're closed, and
prices were advanced.
a part OF the agreement was that
only the agent of the trust could sell
the stone. and penalty OF $4,000 was
prescribed for violating this clause Of
the contract. There was some dissat-
lsfactiOn, and Brown & Fleming ac-
cepted an order for a large quantity Of
stone. The trust demanded the penalty
of $1,000, but the firm refused to pay
the forfeit and decided To oppose the
trust.
The company instituted suit through
Bacot & Record, Of Jersey City. for the
amount of the penalty. A demurrer
was filed setting forth that by the de-
claration of the plaintiff the COM
pany admitted 1t was a trust, that it
was an Illegal combination formed for
the purpose Of destroying competition
and 10 control prices Of trap rock
The court holds that a contract that
a single person shall be employed as
the sole agent Of the manufacturers
TO sell all their output does not violate
any principle Of law, and may be en-
forced. Il was decision Of the entire
court.
The city Of Buffalo brought suit in
aF.N
from the Collins Baking company the
penalty imposed for violation Of the
city ordinance providing that all bread
baked and sold, or offered for sale. by
licensed bakers in that city should be
IH-1 iH-fa= not less
ds. The
the SUI
preme court mas ann med .Ag Judgment
below dismissing the complaint hold
ing that the ordinance was an unwar-
rantable interference with the right of
individuals engaged in selling one
pound loaves in that ity, where it APP
peared that there was a demand for
one-pound loaves, and that their price
and weight were conspicuOusly stamp
ed on them and the price was ratably
the same as for larger leaves.
The divorce laws Of New York have
been amended so as to afford an Cd.
portunity to correspondents named in
divorce proceedings to appear and de
fend such actions so far as the issues
affect the correspondent, and if the al.
legations are not proven the co-respon-
dent is entitled to costs against the
person naming him. This is designed
10 protect persons from such injustice
is was done Georgia CayVan in the
Teall divorce case. Miss Cayvan's
name was drawn into the case and
while the implied charge was not sus.
tanned, she could not be represented anC
had no redress against her accuser.
A suit brought in the New York court
Of common pleas by Lomax Littlejohr
and others, to recover damages from
Daniel A. Shaw and others. because OF
the latter's refusal 70 accept and pay
for % tons Of cube gambler" on lis
arrival from Singapore, which it was
claimed they purchased in March, 1893
resulted in a judgment for the plaintiff
TONIGHT AND TOMORROW NIGHT