The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-19
BARRISTERS' BRIEFS.
Cases Decided in Various
Tribunals Throughout
the Country.

CllC OOuuU4
Edward O'Hara was non-suited on
the trial of his action against the city
of Buffalo, a few days ago, to recover
damages for injuries he sustained
through falling into a trench dug
across a sidewalk. The trench, six feet
deep, was to make q connection with
a sewer The earth thrown upon the
sidewalk during the excavation of the
trench was partially removed, leaving
for some distance from it clear space
of two feet in the center Of the walk,
and a pile OF earth eighteen inches
high extending across the walk, immed-
lately adjacent to each side of the
trench. Eight days after the trench
had been opened O'Hara, while walk
ing along the sidewalk on a dark and
foggy night, observing the pile of
earth on the side Of the trench, stepped
over it and into the trench, which was
Onguarded. The evidence showed that
he was away from home during the
day, and had no knowledge Of the ex-
istence OF the trench; that at the end
of it, in the street, fifteen feet from the
sidewalk, there was a red lamp, the
light from which did not penetrate to
the sidewalk, and that there was an
electTic lamp thirty-five feet distant,
whose light was intercepted by poles.
The fourth appellate division, in the
opinion by Justice Spring, has directed
a reversal, holding that the city was
guilty of negligence in permitting the
excavation to remain unguarded and
unlighted, and that O'Hara was not as
a matter of law, guilty of contributory
negligence. because, upon discovering
the pile Of earth across the sidewalk,
he failed ito stop and find out what
1t was"
Under authority Of an act Of the
South Carolina legislature passed last
year, the state board of assessors of
railroad property met at Columbia,
South Carolina, recently to assess for
taxation palace car corporations, teIe-
graph, telephone and express compa-
MES. The concerns named doing BUSH
ness in the state are required to make
returns on a specified day early in the
year Of the entire capital stock, and
then the investments, mileage or bust
ness In the state.
The plan of taxation is to ascertain
the total mileage and capital stock,
and the mileage in the state, to assess
for taxation a proportionate amount
of the capital as South Carolina mile
age bears to the whole. The returns
must be filed at the time specified, I'M
der penalty of 500 a day thereafter.
Returns Of the Pullman Palace Car
Company, Western Union and Postal
Telegraph companies, Bell Tel
eDhone and local companies and
the Southern Express Company have
been fled. The Pullman Palace Car
Company made q most vigorous pro-
test against the right of the state to
tax any of its property, declaring the
or +Fr.4,
the scheme of assessment for taxation
would be most unjust TO the company.
Subject to explanations, and under
protest. the company reports that it's
capital is $54,000O 900, only SO, 250,000 be
ing invested in furnishing cars to rail
roads; that the officers of the company
do not know the market value of the
stock; that the total length Of miles OF
road over which its cars run is 1923 679,
and the length in South Carolina is
1860 3S-100. The other companies made
no protest. The returns Of the Bell
Telephone cause remark because Of the
small valuation
Before taking final action the board
adjourned to June z. The Pullman
problem requires a vast amount Of fig
uring, and it will probably have to
stand a test in court.
Upon the death Of Rose Ferrigan. in
New York city, about five years ago,
John Flynn, living in Rhode Island. an
ignorant and illiterate man, her first
cousin and one Of her next Of kin, call
ed upon Bernard J. Tinney and retained
him as his attorney to protect his inter
ests. Tinney procured his wife, Jennie
Tinney, to be Joined as administratriX
with Flynn, and then Immediately took
possession Of the property Of the estate
consisting Of small amount Of house
hold furniture, which realized about ST.
at auction, and a bond of $4,000 Sc
cured by a mortgage upon real estate
in New York city. The first appellate
division on Mr.. Tinney's appeal, affirm
ed q decree Of the surrogate, removing
Mrs. Tlnney as administrative and
modifying an order Of reference, so as
TO allow John Flynn, the administrator
TO file objections to an account in which
1t was claimed an excessive fee was
made for professional services. JUS
tice Ingraham, giving the opinion, SAID
in part:
Mr.. Tinney neglected to proceed in q
proper and orderly manner in the SET
tlement of the estate, appropriated the
income thereof 10 his own use, under
the guise of acting as attorney for the
administrator, and then proceeded tC
make a charge against the estate OF
$1,000 for his professional services
which was grossly excessive and out Of
all proportion to the services rendered
or the amount of the estate, and pro-
cured the administrator and admins
tratrix TO sign an account which recited
that such demand for professional ser
vices had been made, and endeavored
10 have such account passed and such
payment allowed
Four members Of the supreme court
Of the United States-Justices Harlan,
Brown. Peckham and McKenna-dis-
sented from the decision recently an
uounced by that tribunal unfolding the
validity Of the Kansas statute which
provides that a successful plaintiff in
a suit against a railroad corporation to
recover damages resulting from FIRE,
shall be entitled to a reasonable attor-
news fee. 70 be fixed by the trial court
and included in the judgment. The dis
senting opinion is written by Justice
Harlan and will seem to many lawyers
a stronger argument than that Of Jus
tice Brewer, who wrote the opinion of
the majority. Judge Harlan pictures
the state standing at the doors Of its
courts Of Justice and saying to the rail
roads, IF you enter here for the pur-
pose Of defending the suit brought
against you. it must be subject to the
conditions that a special attorney s