The times., 1901-03-30
LATE LEGAL DECISIONS.

titStHt from USING the same as a means
of access to his store. and continuing
| the obstruction a sufficient length of
time 10 work injury or damage TO the
merchants business, is inficting upon
/ him a special wrong holds the Supreme
| Court of Georgia. in the case OF Bruins
| wick and w K Co. vs. Hardey (S7 s.
| F. Rep. $3.50, not shared in by the public
at large. for which he is entitled to main
| tain an 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
VIZ. Brown C57 5. r. Rep., 500, legally
| designate as the beneficiary In a certI-
| ficate of life insurance issued by the order
! one who has no insurable interest in the
| life of the member provided there he. al
/ the time the certificate is issued no re-
| strietion in the charter. constitution. or
| laws OF the order. or in the statutes of
| the State. forbdding the right to ap-
point such a beneficiary.
The mere fact that minor who is the
sole beneficiary of homestead estate
does not live upon the property, and
leaves the head of the family 10 use the
proceeds of the same in such a way as he
desires for a period of ten years. without
calling him to account does not. holds
the Supreme Court of Georgia in
the case of Sigman vs.. Austin (37 s. r.
Rep. S9D. cause the homestead estate
to terminate and become subject TO levy
and sale as the property of the head of
the family.
Although bill of lading may provide
that tho railroad company will not be
liable as common carrier after the
freight has reached ite
Supreme Court of Alabama, in the case
of Tallahassee Falls Manufacturing Co.
vs.. Western Railway Company (Z9 So.
Rep, 203). holds that public policy re-
quireS that the contract be modified so
that the responsibility of the carrier shall
exist until 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 euioined from expeH-
ing member of a local congregation for
alleged spiritual offences, holds the SUI
preme Court of Indiana in the case of
Hatfield VS.. De Long $50 y. +. Rep. 4S3)
when 1t appears that such tribunal has not
been organized in conformity with an or
ganie law of the Church.
Where persons take up a residence in
village Just a 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 IS. S0ren-
son (59 y. e. Rep, 500. holds that they are
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-
pested cruelty" under the statute of di-
vorce in Illinois the Supreme Court holds.
in the case of Maddox VS. Maddox (59 y.
e. Rep, 5s9), that there must be physical
violence or acts or threats which may raise
a reasonable apprehension of bodily harm.
Cruel and heartless neglect by a husband
and failure to provide his wife with suit
able shelter. clothing. and food. are not
sufficient facts under the statute to con-
stitute cruelty. AS was said in Fizette vs..
Fizette Cl46 H.. 3ZS), mere austerity of
temper, petulance of manners, rudeness of
language, want Of civil attention. oc-
casiOnal sallies of passion, denialS OF little
indulgences, and particular accOmmOda-
tiOns, and which do not threaten bodily
harm, cannot be considered AZ cruelty in
law.
In Massachusetts, a person who IL in
jured while riding on the platform of a
street car i'm violation of a notice on the
car cannot recover if he Intentionally yio-
lated the notice, holds the Supreme Court
in the case of SweetIand Us. Lynn 90 y.
r. Rep, 443). But the court further held
that if the employees Of the street car
company allowed passengers to ride there
without objection, and habitually crowd
ed so many persons on the car that some
of them Were 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.
obligation the Supreme Court of Wis
consin, in the case of the case of Patrick
VS. Town of Baldwin (S5 n. W. Rep, 27D.
holds that none rests on 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
d 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-
formance 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 a 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 il is stolen while in the baggage
room of the railroad the Supreme Court
of Michigan. in the case of Marshall vs.
Pontiac and y. II. Co. fS5 y. W. Rep,
249. holds that the relation Of passenger !
did not exist and that the railroad com
pany is not liable except for gross negii
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
advantage to himself is not in a position, |
holds the Supreme Court of Utah in the |
case of Corringe vs.. Read (63 Pac. Rep
s02). to obtain and hold the fruits of a
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 !
{ finds them.
It was recently held by Judge Taynor
n the Kings County Special Term of New
York that 70 publish falsely that per-
son has leprosy is Hbelous. The defend
mt conteuded that the charge was not
ibelous since modern medical science no
onger regarded leprosy as ntagious or
Injections but only hereditary. On this
,oint Judge Tayuor said: 1T remains
erm of slander until the law is changed, I
70 say of one that ne went to mass or I
,racticed witchcraft might still be SIAN !
er if the law had not been changed, even |
hough the progress of enlightenment had
eyealed to most people that to hear mass |