The times. [volume] (Washington [D.C.]) 1897-1901, 1901-02-23


case Of Tesch W. Milwaukee Electric. etc.
I Company l81 y. ". Rep. szsl. The court
I held the ordinary traveller has the right
/ Of way in crossing a street car track In
Z advance OF an approaching car. II. ealcu-
latinz reasonably from the s'ehdpoint of
person of ordinary care and Intelligence
80 cireunstaneed. he has sufficient time.
proceeding reasonably. 20 clear the track
withcsFs -eaarding the movement Of the
car II It's rats af speed Is lawful. AMI IL
It turns out that he has miscsIcuIzfed.
he is not cbsrgeablc with want o. ordi-
nary care or with violating any right
OF the railroad company n lis compelled
to retard the motion Of the car OF even
stop IL 70 enable such person TO cross tFe
track; and in no event is such person
wroBgdoer so AZ 10 excuse the operator
Of the ear from not exercising ordinary
care to avoid injarinz such person. though
the fault OF such person may preclude
him from recovering damages fer any in
jury that may result in part from his COR
duet
Where q trial lasted a greater part OF
two months. during which 4 leading news
paper of the city In which il was held and
where nearly all OF the jurors resided
continued to publish articles apparently
intended TO influence the determination
OF the case. and calculated strongly to
prejudice public sentiment against one OF
the parties. and to present the other in a
most favorable light, some of which ar
ticles were admittedly read by some OF
the jurors, the United States Circuit Court
OF Montana, in the case Of Morse VS.. Mon
tana ore Purchasing Company qO5 Fed.
Rep, 337), held that such facts afford
ground for a new trial on behalf of the
party against whom the articles were di-
rected. without regard to the question by
whom such articles we're instigated; and
the court further held that the party in
jured was not preeluded from asking for a
new trial on the above ground because
he did not have the publishers of the
newspaper cited into court for contempt.
Where a mother on her deathbed. in
the presence of, and with the consent of
her husband Gade q contract by which
she gave the custody of her two children
to her mother for life. and after her
death the custody OF her boy to one aunt,
and OF her girl to another aunt. the SD
preme Court of Mississippi, in the eass
of Hilbette VS.. Baiues t2s So. Rep. 500.
holds that such contract was null and
void, as against public policy.
Under a statute in Wisconsin author
izing county boards to contract for the
proper care and maintenance OF poor per-
sons at the expense of the county. the Su-
preme Court of Wisconsin, in the case
of Putney Brothers Company vs. VIII
waukee (S4 y. ". Rep. SGD. holds that
the board has no power TO contract for
medical services 10 cure pauper of ha-
bitual drunkenness disease. The
court held that the board could contract
for ordinary medical treatment for
pauper bur not treatment for the cure OF
inebriety as disease.
Railway companies which as part con-
sideration for the acquisition of the fran
chise of running cars through the streets
of a city have bound themselves by con-
tract to pave and keep in repair the
streets between their rails, are held.
under the recent decision of the Supreme
Court of Louisiana. in the case OF
Mahnkc -. NV Orleans. etc, Railroad
(29 So. Rep. -. by stricter
rules to the performance of their duty
themselves in the performance Of their
own obligations in this respect TO the
general public.
Whether 4 parent who Iniicts corporal
punishment on a child is acting In good
faith without passion, prompted by true
parental love, is a matter, holds the Su-
State vs. Washington (29 So. Rep, $50,
which may be determined largely from the
character of the injuries received by the
child In this case the father was indicted
Tor beating his ten-yeaT-old child with
walking cane TO the extent that many per-
manent sears were visible on the childs
body.
Where there are three indictments on
he court calendar for one day against
defendant the Supreme Court of Rhode
ISLAND in the case OF State vs.. Stlvtus (47
ttl Rep $751; holds that the prosecuting
lttorney may try the cases in such order
Is he sees fit, and that he is not required
o try them in their order on the calendar.
IS the defendant having been duly notified
hat all the indictments against him were
Town for trial on the day in question he
vas bound TO be ready. or to show good
ause why he was not.
contract nv IN abuttins iaHt owner
With street railway company, granting,
or a consideration. the right to construct
IS road in front of his property. is held
y the Supreme Court of New Jersey, in
he case OF Moatclair Military Academy Us.
Worth Jersey Street Railway Company az
III. Rep. 500, net to be Illegal and OPP
osed to public policy. The validity OF
he contract was attacked on the ground
hat such a contract affected not only the
property in question. but that OF others,
nd the interests OF the public at large.
The title 10 an island which arose in
he Missouri River. and which afterward
liaed to the mainland. was held by the
npreme Court of Iowa. in the case OF
IoIman VS.. Hodges (iS y. w Rep. 950}.
o remain In. the State. and did not pass
o the owners of the land TO which Il al
srward Joined. as it did not become part
hpreOt by gradual accretion or reelection
rom the shore.
The sender OF a telegram relating to a
ambling contract cannot invoke the Illegal
ontract or the gain or loss resulting from
to measure the damage sustained by
i'm in consequence Of the non-delivery Of
he telegram, holds the Supreme Judicial
curt Of Maine in the case of Morris ".
Western Union Telegraph Company ti7
Il. Rep, $3.50.
4 steamer navigating IN fog is held ~
ne United States Circuit Court of Appeals
The Newport News, 105 Fed Rep. q
D be under duty to proceed only p
oeed which viii enable her to come to 3
iandstin by stopping and reversing with
! the distance necessary TO avoid collision