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


isiana constitutes a libel, under a recent
| decision of the Supreme Court Of that
State. in the case Of Upton vs. Times
Democrat Co. (2s So. Rep. 970) The
! plaintiff was a Methodist minister, who by
mistake was referred TO as a negro" in
an article published by the defendant. He
brought suit for libel for 5000 and OBJ
| tanned verdict for $50 which was sus-
taired by the Supreme Court The mis-
take was made by the operator of tele-
graph company in sending the words "cui-
tured gentleman as "colored gentle
| man." which words were changed by the
| proofreader of the defendant into negro"
! The newspaper correspondent who sent
the despatch had intended to compliment
the minister, and referred TO him in the
original telegram as "a cultured gentle
| man. and said that his arguments
were eloquently presented" The Supreme
Court held that libel had been commit
| ted. for which, on the facts IN the case,
actual damages could not be recovered.
but for which exemplary damages could be
obtained where malice aud intentional
wrong are shown. The word complained
Of" said the court, was provoking to an
extreme degree. Inserted as II was in one
of the daily papers, it was enough 10
arouse the most profound indignation OF
| the most patient man.
A man has no property In his dead body,
and cannot by will dispose of that which
after his death will be his corpse holds
the Supreme Court OF California in the
case of Enos VS.. Snyder f63 Pac. Rep. 170):
and the court further held that in the alb
sence of statute the custody of the corpse
and the right of burial belong to the next
nf in nd m he sd
ministrator. These questions arose in
contest for the body OF ohs Enos, deceased.
by his wife and daughter one side and
one Mrs p Snyder tine other. For
several years before his death the de-
ceased had not lived with his wife, but
during that time had resided at the home
OF Mrs Snyder He left will which con-
tanned direction that the manner. time.
and place of his burial should be accord
ing to the wishes and directions Of Mrs.
r. j. Snyder" After his death his wife
and daughter made demand on Mrs.
Snyder for the possession OF his body, and
on Mrs. Snyder's refusal to comply, they
brought suit to recover the body and en-
joined Mrs. Snyder from buryiug it. The
court held that they were entitled to the
body, next OF kin, as against Mrs. Sny-
der. who claimed it under the will.
In an action for damages against tele-
graph company for mental distress caused
wife by the failure of the company to
deliver telegram from her husband. who
was on a hunting trip, stating that he
was well and uninjured. the Court of APP
peals of Texas held that her distress was
unnecessary, and arose from purely mag
mary causes, and that she was not enti-
tied to recover. 1t seems that it was
agreed between the husband and wife,
when he started on the hunting trip. that
he would telegraph her as soon as he
reached a telegraph office on his return.
informing her that he was we'll and unin-
jured. The husband did so telegraph, but
the company failed to deliver the mes
sage. The court held that these facts
were not calculated to produce in the
mind of the wife a reasonable apprehen-
sion concerning the safety of her hus-
band, and that, as there we're no allie
cations that the husband, during his abb
sence, was exposed to serious danger or
imminent peril. the mental anguish on the
part of the wife was self-provoked and
tMorrison VS.. Western
Union Tel. Co., SO S. W. Rep. 1920
An electric light company on removing
an arc lamp from in front of store left
the wires hanging down from the fixture
to which the lamp had been attached. An
awning against which the wires struck
caught fire. and the occupant of the adj
joining store, seeing this tried to extin-
guish the flames, and in so doing was in
stantly killed by shock from the electric
wires. The wife of the deceased brought
suit for damages and received a verdict
against the company which the Supreme
Court. appellate division. sustained It
was contended by the company that the
deceased was a trespasser in going to the
store. and attempting to put out
the fire, and that, therefore. he could not
recover. But the Supreme Court held that
even if he was a trespasser 1t was mat
ter of no Importance to the company, as
he was not guilty of trespass as &c Il. The
court said that the deceased was on
public highway: that he was doing what
any citizen would have been justified in
doing and that the fact II ii were a fact,
that he went upon the stoop of the store
Of person who had not invited him there
was no Justification for the act Of the de-
PENDANT in turning into the highway SO
great a current of electricity as to cause
the death of persons who came in con-
tact with it. (Caglione VS.. Mount Morris
Electric Light Company, 81 n. Y. Supp,
S60)
A sheriff may lawfully take the photo
graph of a prisoner, and measurements,
weight name, residence place of birth, oc-
cupation, the color OF his eyes, hair. and
beard. and his height holds the Supreme
Court of Indiana in the case OF Bruins VS..
-lausmeier II he should deem it neces-
sary to the safe-keeping Of the prisoner,
md to prevent his escape. or to enable him
he more readily to retake the prisoner,
I he should escape. And generally the
sheriff has the right to take such steps.
Ind adopt such measures as. in his discre-
ion. may appear to be necessary to the
Identification and recapture OF persons in
lis custody II they escape.
statute in New Hampshire prohibit
ng fishing for brook or speckled trout. for
he purpose of selling them, was attacked
is unconstitutional. In that II operated
o give wealthy sportsmen" more than
heir equal share Of the fish But the Su-
IRENE Court held that the statute made
10 discrimination although II might af-
ect some persons more than others. and
vas a valid exercise OF the legislative
power to protect the public right of fish
ry Estate VS.. Dow, AZ Att, 734.)
A client who instructs his attorney TO
axe an appeal from a judgment is liable
or the expenses of printing the case and
POINTS on appeal and the attorney Is not
ia BILE although he may have given the
rider for the printing. The general ruls
S that in the management OF his clients
ase an attorney has authority to make
whatsoever necessary disbursements the
ase requires CTyrrel VS. Hammersteln,
/ N. Y. Supp, no
broker - New York obtained a YER
let for $112 5J0 in an action brought by
i'm to recover commissions for securing