The times. [volume] (Washington [D.C.]) 1897-1901, 1901-03-30

| as to prevent the customers of a mer-
chant from using the same as means
| of access to his store. and continuing
| the obstruction sufficient length of
time to work injury or damage to the
| merchants business. is intiicting upon
| him a special wrong. holds the Supreme
Court of Georgia, in the case of Bruins
| wick and W. K. Co. VS.. Harley (S7 s.
i. Rep, $3.50, not shared in by the public
| at large. for which he is entitled to main
| tain action.
member of mutual insurance order
may. when acting in good faith, holds
| the Supreme Court OF Georgia in the
case of Ancient Order United workmen
vs. Brown (S7 s. f. Rep, 500, legally
| designate the beneficiary in certi-
ficate of life insurance issued by the order
| one who has no insurable interest in the
| HE of the member. provided there be at
| the time the certificate is issued no re-
| striction in the charter constitution. or
| Jaws or the order. or in the statutes Of
| the State. forbidding the right to APP
| point such "A beneficiary.
The mere fact that a minor who is the
sole beneficiary of homestead estate
| does not live upon the property. and
| leaves the head of the family TO use the
desires for period of ten years, without
| calling him to account, does not. holds
| the Supreme Court of Georgia in
| the case of Sigman vs.. Austin t37 s. +.
| Rep, $50. cause the homestead estate
to terminate and become subject to levy
and sale as the property of the head of
the family.
Although a bill of lading may provide
that the railroad company will not be
liable as common carrier after the
! freight has reached it's destination, the
Supreme Court of Alabama, in the case
of Tallahassee Falls Manufacturing Co.
VS.. Western Railway Company 90 So
Rep, 2O3). holds that public policy re-
| quires that the contract be modified so
that the responsibility of the ca rrler shall
exist until a reasonable time and oppor-
tunity has been allowed the consignee
for removing the goods after arrival.
The supreme tribunal of a religious de-
nomination will be enjoined from expefl-
ing a member of local congregation for
alleged spiritual offences, holds the SUI
preme Court of Indiana in the case of
Hatfield VS.. De Long 80 n. Il. Rep. 4S3).
when 1t appears that such tribunal has not
been organized in conformity with an or
ganic law of the Church
Where persons take up a residence in
village just sufficient length of time be-
fore election to give them the thirty days
residence required, and leave Immediately
after the election, the Supreme Court of
Illinois, in the case of Sorenson VS.. Soren-
son $50 y. %. Rep, 500, holds that ftcE ars.
not legal voters. This case was a contest
between two brothers over the office of
president of the board Of village trustees.
In order to constitute extreme and re-
peated cruelty under the statute of di-
vorce in Illinois. the Supreme Court holds.
in the case of Maddox VS.. Maddox 80 n.
Il. Rep, $3.50, that there must be physical
violence or acts or threats which may raise
a reasonable apprehension of bodily harm.
Cruel and heartless neglect by husband
and failure to provide his wife with suit
able shelter, clothing, and food are not
sufficient facts under the statute to con-
sti:ute cruelty. AS was said in Flzette VS..
FiZette Q46 ILL.,, 32S), mere austerity of
temper, petulance of manners, rudenesS of
language. a want Of civil attention. Oc-
casional salies of passion, dentals of little
indulgences, and particular accOmmoda-
tons, and which do rot threaten bodily
harm, cannot be considered as cruelty in
law.
In Massachusetts person who is in
jured while riding on the platform of
street car in violation of notice on the
car cannot recover If he Intentionally yio-
lated the notice, holds the Supreme Court
in the case of Sweetland VS.. Lynn Gs N
F. Rep, 49, But the court further held
that if the employees of the street ear
company allowed passengers to ride there
without objection, and habtually crowd
ed so many persons on the car that some
of them We're obliged to ride on the front
platform, the question whether the com
pany had waived the enforcement of the
rule was for the jury to determine.
In the absence of a statute creating
obligation, the Supreme Court of Wis
consin, in the case of the case of Patrick
VS. Town Of Baldwin (S5 n. W. Rep, 2TD,
holds that none rests on a municipal cor
poration to maintain or relieve poor per-
sons, and that a court has no power upon
the ground of moral obligations or the
equities OF any given case to hold such
a corporation liable to a private person
who may have relieved or supported
poor person. And where the law imposes
on a municipality the duty of maintain
ing poor persons and designates officers
therefor to act in It's behalf In the per-
Torrance of such duty. their mere negli-
gence will not operate as an implied re-
quest to a private party to supply a
needy persons wants. upon which such
party can act and hold the municipality
liable as upon an implied contract.
Where a person purchases 4 ticket on
a railroad for the sole purpose of having
his trunk checked over the road. and not
with the intention of travelling on the
train. and after his trunk reaches its des-
tination ii is stolen while in the baggage
room of the railroad, the Supreme Court
of Michigan. in the case Of Marshall VS.
Pontiac and y. X. Co. 49, y. w. Rep,
2i2). holds that the relation of passenger
did not exist, and that the railroad COM
pany is not liable except for gross negh-
gence.
One who makes use of the criminal pro-
cess of the court for the purpose of over
coming the will of another to secure an
to himself is not in position,
holds the Supreme Court of Utah. in the
case of Corringe VS.. Read (es Pac. Rep.
902). to obtain and hold the fruits OF
contract. whether executed or executory
so obtained. on the ground that both par
ties We're in pari delicto. and that in
equity the court will leave them where |
it finds them
1t was recently held by Judge Taynor |
in the Kings County Special Term of New |
York that to publish falsely that a per- !
son has leprosy is libelous. The defend |
ant conteuded that the charge was not |
iibelous, since modern medical science no |
longer regarded leprosy as contagious or
but only hereditary. On this
point Judge Tayuor said: 1T remains
term of Islander until the law is changed
To say Uf one that he went to mass or
practiced witchcraft might still be SLAM
Ter if the law had not been changed, even
though the progress of enlightenment had
revealed to most people that to hear mass
was not bad or that there was no such |
hing as Il witch. Besides that in the
,harge of leprosy which made the court