The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-07-31
IN COURTS OF LAW.
Legal Notes Culled From
Many Tri,
bunalS.

court of Oregon. A highway in a coun-
/ try condemned and paid for, is sub
ject to q public easement. This ease
ment is for any public use which is
4 pr operly connected with the use of the
highway for passage. The incidental
uses which may be appropriate vary
with the conditions, the population, and
the number and kinds of neighboring
buildings and other Improvements.
| therefore, while the public easement
has an enlarged use, and in one sense
| constitutes an increased burden as the
country highway changes into a town
street, these changes were within the
reasonable contemplation of the parties
at the time Of condemnation In addi-
! ton to this there is no actual hardship
| or injustice involved, since there is no
| actual damage sustained by the abut-
! ting owner on account of these changes
since he is usually benefited in large
measure by the growth from rural to
urban conditions.
Like the flowers that bloom in the
/ spring, the ancient maxim that SAYS
I Man proposes but God disposes. y
seems to be regarded by enc of our
| state courts of last resort as having
1 nothing to do with the case. In petit
| ton for rehearing, counsel feelingly
complained that the court proposed to
| repudiate construction, which it had
| been relied upon to give to a certain
statute, like that given by federal
courts to a similar federal law Where
| upon the court, with dignity, remarks
| that counsel might without much effort
| have recollected that the court, in the
| construction to be given to the consti-
tuition and statutes. does never pro-
pose, but finally decides"
The legal duty of an employer with
respect TO rules for the safety of en-
ployees is held, in a Connecticut case,
not to be violated by the failure Of a
railroad company operating a single
| track road to provide in it's rules for
giving those in charge of trains tele-
graphic information of the relative po-
sition of other trains going in the same
| direction.
| A statute changing the time for cleo
ton of township trustees, whereby
| those holding over until the next cleo
| ton will hold for a period longer than
the constitutional limit of tenure. is
sustained in an Indiana case on the
ground that the statute does not ex-
tend the term of office, but that the
extension of the term is made by oper-
alton OF another constitutional provis-
ion requiring officers to hold over I'M
| til their successors qualify.
The war revenue stamp tax imposed
on sales of exchanges or boards of
trade is held constitutional in case
| before the United States court against
the contention that it is a direct tax
which the constitution requires to be
| levied by the rule IF apportionment.
| The court holds that it is not tax
upon the business itself or the proper
| ty sold, but is in effect a duty or excise
laid upon the privileges of the board
of trade or exchange.
| Judgment and execution against one
\ Of the makers of a joint note. for his
| proportionate share, are held in a
| Tennessee case to leave the other max
ers liable for the amount still unpaid,
where the statute makes the note joint
and several.
suggestion of an attorney that the
court could not understand and prop
| erly determine the case unless the ac-
! ton be translated into one of the old
common law forms of actions, and that
when that is done it would be seen
that the action could not be maintained
| is characterized by the court as having
| Its precedent in the physician who
In difficult case, proposed TO give his
| patient something to throw him into
| fits, ON the ground that he was infal-
lible in curing fits
The mere fact that the sale and
| drinking of Intoxicating liquors was
| only an incident and not the main OBJ
ject. Of a social club, and that only
members are permitted in the rooms,
| is held in Georgia insufficient to make
the place any less tipping house
| within the restrictions of a statute
| An Injunction against the construc-
ton and operation Of an electric rail-
way on a public street without legis-
| lative authority is denied in a recent
| Alabama case on the ground that the
| construction of the road would be a
mere private trespass for which COM
pensation could be had at law.
A gem from the records of a Mis-
| souri, court given in an address by
Hon William H. Wallace is the fol-
| lowing lucid verdict in a lunacy case
I'VE, the jury impaneled, sworn, and
charged to inquire into the insanguin-
| ity of Hezekiah Jones, do occur in the
| affirmative"
| Neither the probate court nor the
| personal representative of a deceased
person is held, in California to nave
| any right to the body, in the absence
of any testamentary provision on the
| subject, or to control the manner Of
its disposal or the place Of its inter
ment.
The owner of land over which a
brook flows is held, in Vermont. not to
be deprived of property without COM
| pensation by statute allowing COM
missioners to place fish in the stream
| and prohibit fishing therein for a term
of years as the law is justified as a
constitutional regulation of internal
police, and a provision giving the in
| habitants the right to fish "in all boat
able and other waters (not private
property under proper regulations, to
| be hereafter made and provided by the
| general assembly"
I The serial publication of "The Auto
crat of the Breakfast Table in 'gThe
| Atlantic Monthly before taking steps
| to secure a copyright is held in a re-
cent case before the United States
court to be such publication under the
| copyright law as to vitiate the subse-
quent copyright Of the whole book
The liability Of an Incorporated town
for personal injuries occasioned by the
firing Of squibs. rockets, fireworks and
| firearms on the streets, by crowd of
citizens, is denied in a West Virginia
case recently decided, although such acts
are done with the knowledge and con-
sent of the town authorities.
In late case in Maine it is held that
a married woman cannot maintain an
action against another woman for the