The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-05-18
Supreme Court Decisions.
(Reported by JOS. L. seawell.)

PANY. NO ERROR. NEGLIGENCE.
DEFECTIVE MACHINERY.
An employer is not responsible for in
juries for latent defects in tools furnish
ed his employee, unless such defects were
known to him.
Tools Of ordinary and every day use,
which are simple in structure, requiring
no skill in handling-such as hammers,
axes, hoes. ETC., not obviously defective.
do not impose a liability upon employer
for injuries resulting from such defects
An employe cannot recover against his
employer for injuries occurring upon
work done outside of the scope of his en-
ployment, unless the employer knows OF
the dangers incident thereto and fails to
point them out to him.
Contributory negligence supposes
negligence and is a coordinate or coun-
terpart. Therefore, If an injury occurs
without negligence upon the part of the
party who is alleged to have caused the
injury, the party injured cannot be guilty
OF contributory negligence. but becomes
the original cause thereof, and is guilty
Of negligence.
SPENCE vs. GOODWIN. AFFIRMED.
GUARDIAN AID LITEM. HOMESTEAD
A guardian ad litem cannot, by filing
answer to a petition of an administrator
of deceased debtor to sell his lands
to make assets, waive the homestead
rights of the infant wards.
The children of a deceased debtor are
entitled to homestead in his land, ex-
elusive Of any land they may have in
herited from their mother
COEEsTNy uc CNEIrrJ O pr >-rrrAnn No
ERROR. MARRIED WOMEN.
Where notes due a married woman are
endorsed In blank by the husband and
wife and assigned in writing to secure a
debt due by the husband, hut the hus-
band does not sign the written assign
ment by the wife, the endorsement of the
notes by husband and wife and the de-
livery of the notes to the husbands cred
itors is sufficient conveyance of the
wife's property to meet the requirements
of Section 6, Article 10 of the Consttu-
ton.
SCHOOL DIRECTORS VS.. ASHEvILLE.
NO ERROR. FINES AND PENALTIES.
The entire amount of all fines and PEN
aties collected by a municipal corporation
or through a Justice Of the peace for vio-
lation of town ordinances and the crimi-
nal law OF the State, belong to the public
school fund OF the county, wherein such
fines and penalties are collected. Board
of Education vs. Town of Henderson, 126
N c. $50. cited and approved.
In an action by a County Board of
School Directors to recover such fines and
penalties collected by municipal corpora
ton, the plaintiff can recover no greater
amount than may be found due to it for
three years next preceding the com
mencement of the action.
WHITESIDES vs. SOUTHERN RAIL
WAY COMPANY. NEW TRIAL. EVIL
DENCE. NON SUIT.
Action for damages resulting from al
legged negligence Of defendant by reason
OF It's train killing intestate. The evil
dence was that intestate was seen on the
streets OF Marion about o'clock at
night-lived near defendants road, west
OF the trestle where he was killed, about
one mile and quarter from Marion; the
trestle was about so feet high; defend
ants train, due at Marion about IL
o'clock at night, was on time and passed
over the trestle shortly after IL o'clock
it was a cold night in January, and the
ground was slightly covered with snow;
the next morning the intstate was found
under the bridge upon sill of the trestle,
with one thigh broken and other bruises
about the body and a greasy spot on his
coat sleeve that looked as IL it might
have come from an engine; the evidence
also showed that he had been in the
creek, as his clothing was wet and
frozen upon him, and appearances indi-
Gated that he had dragged himself out of
the creek to the sill. which was about
three feet above the water; some of the
Witnesses stated that he was under the
bridge and others that he was on the side
of the bridge; he was not dead when
found, early next morning; defendants
depot agent at Marion was notified of
his condition. but paid no attention to it
until about 10 O'Clock in the day when he
had intestate moved to his house where
he died that evening. Two doctors testi-
fed that he probably died from exposure.
The defendants answer. which was put
in evidence, says that one of defendants
regular trains lat that time) was due to
pass the trestle upon which plaintiff was
injured.
Held that it was error In the Judge be-
low to allow defendants motion to non
suit plaintiff. Upon the evidence the
case should have gone to the jury.
In cases OF non-suit evidence of con-
tributory negligence cannot be consider
ed, and that evidence must be considered
which is most favorable to the plaintiff
sam VS.. BAKER. NO ERROR. WILLS.
ID devised the first three tracts men
toned in the complaint to his son w, in
the third item of his will. But by item
z he provides: my will and desire is
that all the lands and negro boy. Samuel.
that l have willed to my SON Wesley,
provided that he should die before his
present wife and without any lawful heir
or heirs, in that case the property to be
sold and the proceeds equally divided be-
tween my three daughters. Wesley
died without leaving issue; held that the
items and Z, construed together create
a contingent executory devise, after
fee conditional for the benefit of plain
tiff The words without any lawful heir
or heirs are used in the sense of dying
without issue or children" The limita
tion over is therefore not void for remote
ness and took effect at the death of the
doviQQn without i0cua hv virtue of The