The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1899-06-05
BENCH and BAR.
Decisions Of Interest to
Lawyers and to
Laymen.

Laymen.
A devout Catholic woman in Kansas
recently bequeathed five hundred dol
lars for masses for herself and husband.
Some Of the heirs, not being in sympa-
thy with her religious belief, brought
suit to have this part of the will set
aside on the ground that it created a
trust for the benefit of persons who
were not alive to enforce its provisions.
The case went to the supreme court of
Kansas, and a decision has been hand
ed down sustaining the bequest and ar
guing at length the question of tolera-
ton for differing religious beliefs, and
among other things, saying: Although
we may question the soundness of these
beliefs and deride the efficiency of the
service which she desired to have per-
formed, the law has no care for con-
trartety of faith as to spiritual things,
and will, therefore, sanction the bequest
she has made. The law interferes with
no mere religious opinions, nor with re-
ligious practices, except such as tend to
''s41 80 liz VI publlG 1AlOI dis
and order
An interesting law point arose in a
recent Tennessee case. The suit was
brought to recover for personal inju
ries sustained by two dogs in a head
on collision with a passenger train. The
question arose whether the engineer
was required to blow a separate blast
for each dog or might whistle to them
nnI1nRT1Era1Nv It'd :
is insisted by the plaintiff that, while
the whistle was sounded, it was intend
ed for the whole pack, and not for the
three dogs that We're run over. This,
however, seems to be a mere opinion
of the witness, as he was a quarter of
a mile away from the place when the
whistle was sounded. In addition, it
would We think, be requiring too great
diligence for the engineer to whistle for
each particular dog, and more especial
~ as ne had no means of informing
each dog that any special whistle was
sounded for him."
In a recent case it was held that a
person who stops at a hotel merely to
dine, although the dining room is ha-
oltually used as restaurant is a guest
of the hotel, so that the hotel keeper is
liable, as an lnnkeeper, to the diner
he is at his meal. The court said that
person is guest if he is received
into the four walls Of the inn and there
receives such accommodation as the
lhnkeeper offers to persons who use the
nm. The case would have been differ
ent II the place where the plaintiff dined
hau oeen restaurant detached from
the hotel or not substantially forming
part of it.
In a recent decision the English cour+
OF appeals held that a bylaw forbidding
street music was valid. The bylaw un-
DER winch the case arose provides that
no person shall sound or play lpon
any musical or noisy instrument. or
sing III any public place or highway. or
Withln fifty yards of any dwelling house
after being required by any constabl
or py any inmate of such house, or by
ms or her servant, to desist." The court
held that it would not. as a general
rule, attempt to inquire into the reason
abIeness of bylaws made by represen-
tatlVe public bodies, and would confine
Itself to seeing that they followed the
statutory authority under which they
were made.
The Kansas supreme court has held
that the maintenance of dangerous
machinery on private grounds, unpro-
tected from the visits of traspassing
children, rendered the owner thereof.
who had knowledge that children and
others were accustomed to treatment
such grounds and climb upon the struc-
ture supporting dangerous appliances,
liable in damages to the next of kin of
a boy fourteen years old who was
caught in the exposed machinery and
killed.
1t has been recently decided by the
district court at MINNEAPOLIS MINI.
that q person attending a base bali
game assumes the risk of getting hurt,
and cannot recover from the manager
for injuries sustained. The point arose
in a suit for an injury TO Don Campbell
at Lexington Park. Campbell was ac-
cidentally struck in the eye by a bat
ted ball and made i'll thereby. The Jury
was out for less than an hour and found
for the defendant.
A nervous and irritable lawyer was
one day arguing case be-
fore Judge William F. Cooper
of Tennessee, when some one on
entering the court room slammed
the door very hard. The lawyer, startled
by the noise, said: IF the court pIeases,
wish that door was in hell" Il do.
too, Brother R; proceed with your
argument was the prompt reply OF
Judge Cooper.
w. w. Aston and the Bradley-Mar
tins must pay taxes on their personal
property in the city Of New York. Such
is the decision of the commissioners of
taxes and assessments.
President Feltner, in explaining the
decision which the commission has
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