The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-08-18
Cases of Interest.

Failure to Deliver Telegram.-Me1-
tai anguish as ground for damages
for failure to deliver telegram has been
recently considered by the supreme court
of Indiana in the case of Western Union
Telegraph Co V Ferguson, so North
eastern 81 This court had heretofore
subscribed to the SCALED Texas Doc
trine. holding that liupensatory dam
ages could be recovered by the addTess5e
for mental suffering caused by failure TO
promptly deliver message relating ID
urgent family matters. In an opinion by
Baker, J., the case of Reese V. Telegraph
Co, l23 Ind. 294 q Northeastern, 165, in
which this doctrine was first exploited in
Indiana, is expressly Overruled and re-
covery on grounds of mental anguish
considered in notes which will be found
in II c. c. A. 81, IS c. c. A. go and p
c. c. A. s.
Courts of Hawaii.-The circuit court of
Appeals for the Ninth circuit has held
that under the act Of April 30 providing
for the government for the territory of
Hawaii, suits in admiralty pending in the
courts Of the republic when the act took
erect must be continued TO maj Juos-
ment IN such courts, and are not appeal
able to the circuit court of appeals, but
can only be reviewed by the supreme
court of the United States. This point
was held in the case entitled Wilder S. 8
Co. V. Hind, los Federal, 113.
Cruel and Unusual Punishment.-It has
been held in the case of Territory v
KsfchuTn s. Pacific 16e recently riecide5
by the supreme court of New Mexico.
that the law prescribing death as the
penalty for assault upon d railroad train
with intent to commit murder, robbery
or other felony. does not prescribe d cruel
and unusual punishment within the mean
ing of the eighth amendment TO the Unit
ed States constitution. The court said.
The provision of the constitution was
never designed TO control legislative right
to determine upon the adequacy of the
punishment. but is merely applicable to
the modes of punishment.
Prejudice Of Judge.-A change Of venue
vas asked tor IN the case of State Y.
Grinstead, 81 Pacific, 49, on account of
the prejudice of the judge against the
defendant because the latter was himself
pre1udiced in feeling toward the Judge
and had violently opposed him in a no
Htical campaign, and had published libel
Gus newspaper articles calculated 70
ment and prejudice. The attack was re-
newed after the election. in which the
judge was successful. and was one of the
factors IN a subsequent contest in the
state senate. 1t was determined, how
ever, by divided court that the motion
was properly denied where the judge filed
in court statement disa vowing all feel
ings of prejudice against the defendant.
Use OF Return Coupon of Railroad
Iicket.-In the case of Tiedy v Erie r.
Co, - Atlantic Reporter, ~. the plain
tiff, who was riding from Newark 70 New
York. was arrested for refusing TO nav
cash Tor MS passage after the conductor
had refused to accept his ticket marked
New York to Newark The court holds
that he is entitled to prove the custom
of the company 70 honor such tickets.
and that he might reasonably and hon
estly believe that the ticket so written
was a lawful payment of his fare. ana
that, having this belief, ne did not incur
the penalty or subject himself to the ar
rest sanctioned by the statute.
Interference With Use of Burial Lot
An interesting point was brought before
the court of appeals Of Texas in the case
OF Krugel Y. Trinity Cemetery company.
63 Southwestern Reporter, so, where the
plaintiff sues for damages because the
cemetery company permitted a third party
to bury his wife and child in the lot sold
to the plaintiff The court says that bur
one similar case has come to its notice
and this holds that the injury to the feel
ings of the plaintiff may well be taken
into consideration. Unfortunately the
decision of the Texas case goes off on
the question of limitations. and the o71es-
ton of damages for the mental anguish
suffered is not decided.
Burglary.-The charge of burglsrizfro
an Old house in which corn was stored,
the doors of which We're closed by rocks.
sticks, etc, and the windows some. IS
held not to be sustained in the case OF
Beason vs.. State, s. Southwestern Re
porter, $50 The court holds that. under
corn may have been stolen and still no
burglary committed.
Deprivation Of Liberty-The supreme
court OF the United States has ruled. in