The times., 1901-05-18
LATE LEGAL DECISIONS.

meanwhile using every effort 10 nno anu
recover it. In a suit between the owner
and the hotel keeper the Court of Civil
appeals of Texas CMartin vs. Armstrong.
81 S. W. Rep. SD held that the mortgage
created no lien as against the owner, and
that he was entitled to recover it with
out paying the hotel keeper the amount
Of the board bill, notwithstanding the
fact that he had promised to pay the
same on the return of the property
A butcher was holding horse while
his employer applied some medicine to
the horses neck. The horse was nervous
and jumped aside, striking the employer
and throwing some of the medicine on
his clothes This so angered him that he
began beating the horse with a heavy
stick, and while so doing slipped and IN
Intentionally struck the bostler In the
lace, breaking the bones ~ his nose and
otherwise inJuring him The hostler sued
Tor damages. but the jury returned YER
dict against him under an instruction
from the court that If the blow which
inflicted the injury was caused by an ac-
ctdental slip for WHICH the defendant was
not to blame. the defendant would not be
liable But on appeal the Supreme Court
Uowa) reversed this Judgment. and held
that since the defendant was doing an un-
lawful act in beating the horse. he ssas
guilty of negligence as matter of law and
was liable for damages caused thereby
and the subsequent accidental slip would
not shield him. Osborne VS.. Van Dyke, So
n. w. Rep, 7s4)
While attending one of his patients who
was insane. a physician was kicked in fhe
face by the patient and an injury follow
ed which resulted month later in a nasal
abscess, producing total paralysis of the
right side of his body. An accident in
surance company had insured the physi-
clan against all accidents which immedi-
ately and wholly disabled him from trans
on the policy the New York Supreme
Court. appellate division (Hagadorn vs.
Masonic Eq- Acc. Assn, 50 N. Y. Supp,
SS1), held that a recovery could not be
had because the evidence failed to show
a total disability resulting Immediately
after the accident.
Where the owner of vicious dogs re-
quests woman to come into her yard
and fails to protect her from the attack
of the dogs, and she is so severely bitten
and injured by the dogs that she died
from the effects of the injuries the Su-
preme Court of Louisiana, in the case of
Delisle VS.. Dourriage GO So. Rep. 73I),
holds that the owner of the dogs is re-
sponsible for the injuries and that s., coo
damages therefor is not excessive.
communication to minister of the
u.
the Supreme Court of Nebraska, in the
case of Hill VS.. State (S5 n. W. Rep, SS6y.
where it is shown that it was not made in
confidence of the relation or was not to
be kept as a secret. The mere fact that
a communication is made to a priest or
minister, said the court, does not OF it
self make such communication privileged.
but to have that effect it must have been
MADE IN confidence of the relation and
under such circumstances as to imply
that 1t should forever remain a secret
In the breast of the confidential adviser.
Members of the American Federation
OF Labor have no right to entice appren-
tices to join labor unions, holds the Al
legheny County Court of Pennsylvania
in the case of SkelIy ct al The court
said. among other things, that manu-
faeturer had the right to employ work
men who were independent of any labor
union, and he had the further right TO
adopt system OF apprenticeship which
excluded his apprentices from membership
in such unions, and nO'one had right to
interfere with il to his injury.
The provision of the copyright law i'm
posing a penalty of 81 per sheet for every
sheet of copyrighted publication found
in the infringer's possession is hald-by
the United States Circuit Court of Ap-
peals, in the case of Falk VS.. Curtis Pub
fishing Company qO7 Fed. Rep, 12e), to
apply only to such sheets as have been
found in the defendants possession for
the purpose Of forfeiture and condemna-
ton, and until the sheets have been -
found no right Of action to recover such
penalty accrueS.
In an action for libel against news
paper the Supreme Court of California,
IN the case of Hearne VS.. Young (64 Pa
Rep, SD. holds that the newspaper p'l:
Usher may show the sources of inform
ton upon which he acted in prepari. :
the article for publication, for the purpose
Of showing good faith.
A seat in the Philadelphia Stock
change was held by the United Stat.
Circuit Court of Appeals, in re Page Il
Fed. Rep. so. to be an asset of a bank
rupt which he was entitled to transfer
and which passed to his trustee in bank
ruptcy, who was entitled to sell the same
as part Of the bankrupt's assets.
The owner of Turkish baths, under a re-
cent English decision in the case of Dav-
ern VS.. TyrrelI, is not liable as an insurer
for the loss of goods or valuabIes entrust-
ed to his care by his patrons His liat
blllty only arises when negligence is /
shown.
The keeping of a quantity of dynamite
in store for the purpose of trade is not
a nuisance per Sc, but is a question for
the jury to determine under all the cir
cumstances, holds the Court of Civil Ap-
pealS of Texas in the case of Barnes VS.
zettiemoyer (62 S. w. Rep. I'D.
A railroad company acts in the capacity
Of a common carrier for transportation
Of live stock, and as such carrier I is
bound to provide cars fir and suitable IN
der existing conditions, and to exercise
due care to carry safely, holds the Su-
Dreme Court of Nebraska in the case of
the Chicago, B. & Q. r. R. Co. VS. VIII
iams (S5 N. W. Rep, s32), and where the
shipper of live stock does not agree to
furnish care taker and some of the ami
mails die or are injured for want of proper
care and protection while in transit
carrier is liable, and must bear the los
Where a man and a young lady !;
IRVING for pleasure, and in attemptirc %
cross 4 railroad track are struck b, a
rain and the young lady is seriously IN
ured, the Supreme Court of Kansas. in
he case Of Bush VS.. Union Pac. r. R Co
64 Pac. Rep, 625), holds that although
he man is driving il is the duty of the
1oung lady to exercise due care independ-
mt of her escort, and that if she fails To
10 so and the injury occurs on this ac-
,Ount, she is charSeable with negligence.
a party who had been accustomed to
,awn articles with pawnbroker and al
ow others to present the tickets and
-edeem the property cannot recover from
he pawnbroker the value of a diamond
ing which he had pawned and the ticket
ha h1H " har