The Washington times., 1901-11-16

appreciating or understanding the DANCE
of riding in car with open side doors
or of stepping near the doors, and if tn,
! conductor, knowing that he was IRE
| sponsible. did not warn him of the dan
ger to which he was exposed. and he wa.
| injured. il is for. the jury to determin,
| whe ther. in the exercise of the care il
| transportation required of railway cor
| poration. the company was under obliga.
| tion to have taken precautions to prevent
the injury.
! An accident insurance policy provided
| that the benefits of membership shoulc
not extend to intentional injuries inflicted
by the insured or any other person. IL
an action on the policy by the Insured
who had his thumb bitten off while en-
| gagged in a saloon braWI. he contcndec
| that he was not barred from recovery b,
| the above PROVISION because his assailant
| who inflicted the injury, was too full'' I,
| have any intention to injure him TIL,
| jury granted him a verdict Dut on appea
| the Appellate Court Undiana) reversed
| the judgment. holding that the findins
| that the aSSailant did not know that h,
! was assaulting appellee or biting hi
| thumb is not supported by the evidence
| (Northwe stern Benev. Soc. VS.. Dudley, 6
| N. E. Rep, 2OI)
The question as to what control court.
have over underground streams Is nov
| pending before the Supreme Court of Mis-
| sissippi. A lumber company having q sys
| TEN of artesian wells in a town was re.
| strained from using artIficial means tc
! increase the flow of water, on the GROUND
| that It was thereby depicting the watel
! supply of the owners of other artesiaf
| wells In the town, which were supplied
| by the same underground stream. The in.
! junction was dissolved by the Chancellor
| and damages awarded to the company foi
| loss occasioned by the injunction. An ap.
peal to the Supreme Court was taken by
| the unsuccessful parties for final adjudi.
| cation.
The permanent absence of witness
from the State authorizes the admission
of his testimony a. given on former
| trial of the case, holds the Supreme Court
| OF Alabama in the case Of Birl .i.gham
National Bank VS.. Bradley. go -. Rep,
546.1
A discharge in bankruptcy does not dis
charge the liability of a divorced hus-
band to pay aIimony. since alinony is not
a debt owing from the husband to his
wife, the obligation to support a wife
| being imposed by public policy. holds the
Supreme Court of Illinois in the case of
Deem vs.. Bloomer (6i N. E. Rep, 13L)
Though the dissolution of corporation
which is defendant ina libel suit abates
such action, the Cpurt of Appeals of New
York in the case of Sf1ayne. VS. Evening
Post Publishing Company (61 n. Il. Rep,
llol, held that such action may be contin-
ued, and revived against the former di-
rectors as trustees OF the corporation, un-
der the general corporation law, for the
heneft of the stockholders.
When judgment was obtained in a court
Of a sister State. and it is sought to give
effect to such judgment in the courts of
this State, and It is shown that the ser
MI 1a1 f0r-
mer secretary of the corporation defend
ant, and it appears that such person was
not such secretary'at the date of the ser
vice of summons and that plaintiff knew
that he was not such secretary or an Off
Ger OF the defendant corporation, the Su-
preme Court OF Idaho, in the case of
Thum VS.. Pylte (e6 Pac. Rep, 15), held
that Jurisdiction of the defendant cor
poration was not. obtained by such SER
vice. and that the judgment rendered
therein Is absolutely void so far as its en-
forcement by the courts of this State is
concerned.
The United States having purchased
and removed spirits deposited in a ware
house without retaining all the tax due
thereon, is held by Judge Evans. United
States District Court, in the case Of
United States VS.. Aiken tIIO Fed Rep
300, to be estopped to sue the sureties on
the distiller's bond for the tax, though
1t was not estopped as against the dis
tiiler.
a verdict for 1880 for the loss OF
leg was held to be excessive by the Su-
preme Court of Iowa in the case of MIN
Der VS.. Iowa Cent Ry. Co. 87 n. w
Rep, 500, and was ordered to be reduced
to 5000.
a verdict for 81. 900 for an injury to a
leg which caused it to shorten and stiffen
was held by the Supreme Court of Ala
bama not TO be excessive in the case of
Southern Railway Company VS. Crowder
go So Rep, 1922.
In the commission of a misdemeanor. The
Supreme Court of Kansas in the case of
State VS. Stark (66 Pac. Rep, 243) holds
that there are no accessories All per-
sons aiding or counseling are principals
The failure to affix a stamp to an in
strument, as required by the revenue act,
does not render the writing void, holds
the Court of Appeals of Kentucky in the
Rep. 6i9.
Where. in an action against warehouse
men for loss of stored liquor, the bailee
shows the loss to have occurred by leak
age the Supreme Court of California. in
bhe case Of Taussig VS.. Bode (66 Pac. Rep,
zoS), holds that the burden Is on the/bailor
to prove the negligence of the baiIee in
the matter.
While the statute provides that the
father. if suitable person, shall have the
CUSTODY and care of his minor children.
yet, holds the Supreme Court of Minneso-
"a, IN the case Of State VS. Greenwood (S7
n W. Rep, 4S9). this right is not an abso-
Iute one, for in controversies between
parents as TO their custody the welfare
OF the children will be given controlling
consideration by the court.
steamer is not relieved from the rule
requiring her to keep off the course of a
sailing vessel unless she has resorted to
all other practicable means and cannot
comply with the rule without peril to her
sell or other vessels, holds Judge Seweu
OF the United States District Court Of
Massachusetts, in the case of the De-
yonian QlO Fed. Rep, 5SS)
creditor Of bankrupt who receives
partial payment or account within four
months prior to the bankruptcy of the
debtor and while he. Is insolvent. cannot
prove his claim without surrendering such
payment as preference without relation
to the state Of the account at the time or
the creditors knqwledge of the debtors
insolvency holds the United States Cir
cult Court of Appeals Ih the case of Mills
vs.. Lewis QlO Fed. Rep, 5l2).
In order to recover the statutory pom
atty of 81 per sheet for the infringem mt
of copyright photograph Judge Hazel.
United States District Judge. S D., New
York, holds in the case of Child VS. New
York Times Co. QlO Fed. Rep, SD. that
the sheets of the infringing publication
have been found In the defendants pos
session and seized for the purpose of
forfeiture and condemnation.
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