The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-09-01

upon Tie Sill. anu. as the EdII0du COMPANY
alleged. extending about three inches out
side the window was struck by passing
car and his arm fractured. In the action
which he brought for damages the railway
company coutended that. because he was
riding with mis- elbow extending beyond the
car he was guilty Of contributory negII-
genCe, as a matter Of Law. and could not
recover. But the Supreme Court, Appel
late division held that the question wheth-
er the Pa enger was guilty of contribuIory
negligence was for the jury 10 determine,
and that such conduct did not, as matter
OF law prevent recovery There were
no peculiar circumstances. said the court
showing want of care by plaintiff aside
from the mere fact that his elbow may
have extended q little beyond the side Of
the car. Il was a warm day. The car
window was open. The plaintiff sat be
side il. with his elbow resting on the win
dow sill He was intent in reading his
paper He had no reason TO suppose the
cars would be run so closely TO each other
as they were It was gross negligence in
the defendant TO so run its cars, and. IN
der all the circumstances. we cannot say
the jury was not justified in finding the
plaintin free from eontributory negli-
gence.
4 contract with an attorney BIZ which
he is 10 receive contingent fee Of one
third Of all community property he
might recover il an action OF divorce. or
by reason Of any compromise or settle
ment thereof IS held By the Supreme
Court of California TO be Illegal and void,
as against public policy. II its opinion
the court said in part: Contracts Ter
contingent fees paid attorneys were not
LIBERATED at all at common law but in
this. and. perhaps. most of the States
such contracts are allowed. il not favored.
This IS on the ground that otherwise 2
party without she means 20 employ an at
tOrney and pay his fee certain. and hav-
ing meritorious cause OF action or de-
tense would find himself pOWeTIess 10 pro-
tect his rights. In divorce cases. however.
the law has taken care that the wife shall
not be without assistance. in proper cases.
either to prosecute or defend such actions
The court, in its discretion may require
the husband TO bay as alimopy any money
necessary to enable the wife not only to
support herself. but also 10 prosecute or
defend The action. and is given ample
mower to enforce such order. The reason.
or necessity, therefore, does not exist in
such eases, as in the others, for allowing
contingent attorneys fees. and where the
reason ceases. the rule or law also ceases.
By the contract in question the attorney
was to have a portion of or an interest in
the community property TO be recovered.
and a division OF the community property
could take place only upon a dissolution
of the marriage This prospective share
in the community property, being the
greater interest, was the controlling con-
sideration on the part of the attorney
Hence he was directly and greatly inter
ested not only in preventing any reconcil-
iation, but in bringing about a divorce.
We think the policy of the law
is against all contracts of the kind that
they should be held Illegal and void and
that the courts should refuse to aid their
enforcement"
An abutting owner, who sets out orna-
mental shade trees in the street opposite
his premises at his own expense and
with the sanction of the municipal author
tiles, is held by the Supreme Court of New
York. Appellate division, 10 be entitled to
haze such trees protected against negli-
gent or wilIful destruction at the hands
of third parties and TO recover damages
for injuries thereto even though he does
not own the fee of the highway in front of
his lot.
One who arTanges a roof and gutter in
such way that the first will collect water,
and the second will discharge il upon a
neighbor's land unless prevented is held
by the Supreme Judicial Court of Mas5a
chusetts to be guilty of an injury 10 his
neighbor. which the law does not permit
him know. gly to inflfct; and he is held to
be under duty to exercise more than or
binary care to prevent the injury.
bequest of a sum of money. the income
of which was TO be applied partly to the
support of the superannuated preachers,
their widows. and orphans of the Balti-
more Conference of the Methodist Episco-
pal Church South, and partly to the in
FAINT class of the Sunday school of said
church. TO be contributed by said class for
the support of a little girl in one of the
schools under the care Of the Women's
Foreign Missionary Society, was held BY
the Court Of Appeals of Maryland TO be
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