The Washington times., 1901-07-13
LATE LEGAL DECISIONS.

that where department stores hOld out
the heads OF departments as their agents
they are responsible for the acts Of the
heads of departments. even though the
| business of the department Is actually
| owned and operated by an individual and
not the store. y large department store
in New York advertised itself as carrying
on the practice OF dentistry in one Of its
departments A woman had her teeth
treated in this department and the work
was so unskillfuIly done that her jaws
were injured and she sued the store Tor
| damages. The defence was that the dent
list pTactieed as an individual and not as
a representative of the store But the
Court Of Appeals of New York held that
the owners of the store were estopped
| from denying that the dentist was their
| agent because they held him out as such;
The plaintiff had a right 10 rely. ssid
| the court mot only on the presumption
| that the defendant would employ sAltul
dentist as its servant, but also on the Iact
/ that if that servant, whether skillfui or
| not, was guilty OF any malpractice she
| had responsible party to answer there
| for in damages. CHannon VS.. Siegel-Coop-
/ er Co. 50 n. e Rep, SOD
| "A physician who undertakes the treat
ment of a patient is bound to exercise not
| only the skill required, but also care and
attention in attending his patient until he
notifies the patient that his professional
relations are terminated says the New
York Supreme Court, appellate division.
| in the case of Gerken vs. Plimpton 60
| New York Supp. 793). In this case sur
| geon employed to attend patient having
fractured arm properly reset the arm
and notified the patient that he was go
I ing on his vacation and would be absent
/ ten days or two weeks. He directed the
/ patient to keep his arm in sling during
| that time. The surgeon remained away
| five weeks. and IN the meantime the arm
of the patient slipped and became united
at place causing permanent injury on
a trial of the surgeon for malpractice the
iH.y gave a verdict Of 5000 against him.
The court reduced the amount TO 800,
which Judgment was affirmed.
A large and valuable st. Bernard dog.
measuring seven feet from his nose 10 the
end of his TAIL and weighing $50 pounds,
was running loose on the street, accompa-
nying child six years OF age. The dog
saw a cat which was a household pet OF
defendant in this suit. and gave chase to
#. The cat ran up the stoOp of defend
ants house. where the dog injured it
somewhat The wife of the defendant
flung open the door with a scream. which
4 diverted the dogs attention for moment,
/ during which time the cat leaped down
and ran into the street, the dog pursuing.
I The defendant saw the chase from a dis
/ tdnce. and heard the cats cry OF pain.
! and the scream of mis- wife. He believed
his wife had been hurt, and hurried to the
I spot, revolver in hand On reaching the
! front Of the house, he saw that the cat
I had run up tree and that the dog was
/ standing with its forepaws on the tree
| looking at it, He Immediately shot and
! killed the dog because he thought it had
I injured his wife and was dangerous In
an action to recover the value of the dog,
judgment was given for the defendant,
but on appeal this was reversed BY the
Supreme Court of Errors (Connecticut).
! The court decided that a cat which is
a household pet is thing OF value. and
that IN this case the cat was being wOr-
ried blythe dog. But the defendant was
not justified in killing the dog because it
was apparent it was not dangerous and
further he made no attempt before shoot
ing to protect his cat by driving the dog
or (Ford VS.. GlennOn, ~ AtL Rep, 1S9)
Betting on the vote of a particular
county in an election is betting on the
election in violation of the statute, holds
I the Court of Appeals of Kentucky in tho
case of Brand VS.. Commonwealth (e3 s.
W. Rep. 81. and if the bet was in fact
made in Kentucky the parties violated
the Kentucky statute, though the stake
holder did business in Tennessee and re-
eeived the money there
In an action for damages by boy
twelve years of age for injuries received
while employed in a factory in violation
OF a statute prohibiting the employment
of children under fourteen years Of age.
the owner Of the fat tory sought to defend
the action on the ground that the boy
had waived the protection of the statute
by remaining at work But the Supreme
held that N the facts the boy had been
put to work by the manufactures and
not by his own request, and that as a
matter OF law he had not waived his
right under the statute. MARINE VS..
Schmaier. 40 n Y. Supp, 79G-}
constructed. and is legally operating, q
line of railway in the streets of a city
is possessed. holds the Supreme Court OF
Georgia in the case of Atlanta Railway
and Power Company VS.. Atlanta Rapid
Transit Company (39 S. z. Rep. I2) OF
such property interest as gives il a Ie-
gal right to maintain an application to
restrain a similar company from inter-
fering with its line of tracks already laid
and from constructing a line of road over
its private property without authority of
law. To such an application the city is
not necessary defendant
A jury commissioner Is held by the
Supreme Court of New York, special
term. Kings County. in the case of Bren-
ner TO n. Y Supp. 74D. to be a local off,
Ger as an aid to the court, aiding in the
administration of justice within pre-
scribed territorial limitation, and not
county officer
Where one claims damages from con-
tractor because of the failure to erect a
store and office building within a given
time. and the evidence supports the claim,
the Supreme Court of Georgia, in the case
of Cannon VS.. Hunt (3S S. E. Rep. sSs),
holds that the proper measure of damages
is the rental value of the building for the
time elapsing between the time fixed for
its completion and the time when il was
delivered and turned over.
The salary annexed to public Office is
incident 10 the title to the office, holds
the Supreme Court of Minnesota in the
case of Larson VS. City of St. Paul $50
n. w. Rep. 459). and not to its occupa-
ton and exercise, nor to the usurpatiOn
or colorado possession of it: and a ser
geant of police Illegally removed, is not
prohibited from receiving his salary be
cause IL was paid TO another between the
date of his attempted dismissal and the
date of his reinstatement
The bite of an insect which incapaci-
tates one insured under an accident policy
of insurance has been held by Judge Nc
Masters. of Indianapolis. Ind, TO be an
had under the policy.
Where money is advanced or loaned
with the understanding between the par
ties that il shall be used in gambling, or
where the party advancing the money
participates and shares in the gambling