The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-09-04
LEGAL DECISIONS.


Rights of Municipality to
Lay Out Grass
Plots.
An interesting question Of insurance
law has arisen out of fire which oc-
Cured in April last on Dover street in
Boston. The destruction was 50 great
as to demand extensive repairs to the
damaged buildings. These repairs the
insurance companies interested In the
loss are willing to make, to the extent
Of putting the injured structures into
as good condition as they were in before
the fire. 1t seems, however, that an OBJ
sta@le 70 this course exists in the pres
ent building laws applicable TO Boston
under which no reconstruction is per-
mitted which viii not necessarily make
the buildings better than they were
when burned. Such reconstruction will
OF course be more expensive than mere
restoration. This increased cost. accord
Z
risk assumed by the companies; while
the companies. on the other hand, in
sist that the limit Of their obligation is
70 make good, but in no wise improve
the insured property. The Boston Her
aid says that in the present aspect Of
the controversy an appeal TO the courts
is probable.
In murder trial in Dallas, Tex, the
other day the counsel for the defense
was examining q yenireman regarding
his qualifications to serve. The candi-
date admitted that he had once been a
member of jury which tried a negro
for murder. 1t is not permissible in such
cases to ask the result Of the trial, so
the counsel said:
Where is that negro noW?''
Il don't know was the reply. The
sheriff hung him at the appointed time. .
Edward Williams, a boy seven years
old, was standing at the edge Of a side
walk in Brooklyn, NJ r., by the side Of
coal box looking at other boys playing
in the street. There was push cart in
the carriage way, Immediately in front.
The driver of one Of II. Koehler & CO. S
beer trucks left the truck and team
standing unattended IN the street, in
front Of a saloon near by, while he went
to see a sick friend. In his absence the
horses started, but after going few
yards, Were stopped by stranger, who,
In attempting 10 drive them back to
the place where the driver had left
them, drove the truck against the push
boy against the coal box, causing per-
sonal injupies In a euit to recover for
which, the boy got verdict of $1,000
The second appellate division has
unanimously affirmed the judgment,
holding, by Justice Cullen, that the
drivers deviation from the direct route
to the brewery constituted misconduct
In his employment, and not an aban-
donment Of 1t, and that II did not re-
iieve the brewing company from liabil-
;ty for his negligence in leaving the
horses unattended in the street. The
court held that the brewing company
was responsible for the act of the
stranger in driving the horses, as the
drivers negligence in leaving them I'M
attended was the proximate cause of
the strangers act and Of the resulting
accident.
The gripman Of a cable car is held, in
an Illinois case, not to be guilty Of neg
ligence in falling TO stop or slacken
speed because Of boys standing about IL
feet from the track, in front of the car,
although the car strikes one of them
who suddenly starts to run across the
track when the car is near him.
A statute authorizing associations or
unions of workingmen to adopt labels
or devices to distinguish the products
of their LABOR Is held constitutional in
New York.
Jurisdiction to probate a codicil to a
will Is denied In a Kentucky case, after
the end Of the term at which the will
was admitted TO probate, where the
statutes provide for vacating, revers-
ing or annulling the probate of Will
only by appeal or application to equity
TO impeach the Judgment.
In a suit brought by the Buffalo
Creek Railroad Company to recover
possession from Ann Collins and others
certain real estate on Ganson street, In
the city OF Buffalo, the main question
related TO the defence OF adverse pos
session. Evidence was given that James
Collins, during his lifetime. and his
widow and heirs after his death, had
continuously occupied the lot in question
for more than 40 years, during which
time they had kept II substantially In
closed. improved 1t and repaired build
ings on It, the foundations OF which,
being in lowlands, consisted mainly of
posts set in the ground. AT the close
OF the evidence each side asked the
court to direct verdict In their favor,
and neither asked TO go to the jury. A
verdict thereupon directed In favor of
the defendants has been affirmed by
the third appellate division, the court
holding that the evidence was sufficient
TO warrant q Jury In finding that such
possession, although not founded upon
O written instrument, was unQer a
claim OF title The fact that such per-
sons did not assert In public IN so many
words "A claim of ownership did not pre-
clude them from setting up an adverse
possession; nor was the Enclosure by
them rendered ineffectual, as TO one as
sorting himself to be the real owner, by
the fact that 1t included land not
claimed by him.
George w. Hewett was driving along
highway In the town OF Thurman,
Warren county, n. r., on the night OF
June IL, 1897. The road for a distance
OF about Sc feet passed along the edge
OF bank 80 feet high, the width OF the
roadhed from the inside OF the road 10
the brink of the bank being about IL
feet and from the outside track 10 the
brink from 2 feet to 3 feet s Inches.
Hewett was thrown out OF his wagon
and down the efnbankment IN conse-
quence Of the right wheel Of the wagon
dropping into hole from TO ~ inches
ldeep at the brink Of the embankment,