The Washington times., 1901-09-07
LATE LEGAL DECISIONS.


ed as charitable corporation exacts or
receives pecaniary consideration from
a patient does not affect its character as
Charitable institution or its rights or
liabilities as such in relation to such pa
tient, according to the United States Cir
cnit Court OF Appeals in the case of Pow
ers vs. Massachusetts, Homeopathic Hos
ps'ai uos Fed. Rep, s9D. In this suit a
patent sought to recover damages from
the hospital foT INJURY alleged to have
oeen sustained by the negligence OF a
nurse in the hospital
At she trial the Judge ruled that the
pIaintin could not recover and this de-
cision was affirmed on the present appeal
The court held that the payment by a
patient TO hospital for treatment and
care was In the nature of charitable aid
to the hospital, and was not to be consid-
cred as fun compensation for the services
rsnuereo, and that a paying patient
stands precisely as II he had been ad-
mitted without any payment whatever.
Doth seeking and receiving the services
of a public charity.
The question then left 70 be determined
was whether a patient admitted to a
charity hospital can recover Judgment
against that hospital for injuries caused
~ =, .ne negligence OF a nurse employed
therein; On this point the court held
that where due cais was used in select
ing the nurse. the patient cannot recover
lrom Sucn corporation.
An intoxicated passenger on a street
car assaulted d fellow passenger without
provocation. and was elected by the con-
ductor, but when the car started he got
on again. He continued disorderly, un-
molested by the conductor until he struck,
without any cause whatever, a second
passenger violent blow, from the effects
Oh which the ,ictim died. In an action
by the heirs Of the deceased for damages
against the railway company a Judgment
was rendered in their favor On appeal
the Court of Appeals (Maryland) sus-
tained the Judgment on the ground that
me conductor was negligent in permitting
the drunken passenger to re-enter the car
after he had been elected. The court said
tnat a railway company cannot be heard
20 say, after an assault has been made.
tnat their servants did not know or could
not have foreseen that the particular in
dividual who was assaulted would be in
Jured by an assault. II they were apprised
or with proper care could have known OF
circumstances which indicated that some
one would be injured unless the disorderIy
passenger or stranger were elected or
controlled: Omitted Railway, etc, Com
pany vs. State. 10 Ati-. s23.)
Where In an action agairsr surgeon
for malpractice a number of expert wit
nesses are called on both sides, who sub
stantially agree that the DEFENDANTS
method of treating the patient was proper.
or, II not, was but an error of Judgment,
the Supreme Court of Rhode Island in
the case OF Barker vs. Sane (49 All. Rep,
9s3j held that the verdict against the sur
geon should be set aside.
The fact that the highest rate of speed
consistent with the safety of their passen-
gers is permissible to railway trains has
its exceptions, according to the Supreme
<.F 7 ,s..f.
maker VS.. Yazoo. etc, R. Co go So Rep,
2so). and one Of these arises where a train
enters the limits of a city or town where
people congregate and pass to and fro in
numbers. Then 1t Is that those in charge
of train owe a duty quite as great to
those on the outside as to those on the
inside. Thus, while conveying their pas
sengers in safety and with speed. the
latter must be so regulated and controlled
as to show due regard to the safety OF
those without the train. and especially is
this true where the railway tracks are
laid upon the streets and public places Of
the city.
A social club in Pennsylvania by tine
name of Observation-Disclosures VoIks-
fest Verein applied for charter of in
corporation, but was refused on the
ground that the name was in a foreign
language. On appeal to the Supreme
Court, however the charter was grant
ID, the court holding that there is no re-
Iuirement under the statute that the title
1f the corporation shall be English. (i9
Atl- Rep, 9is)
While no one can have a trademark mo-
1opoly in color of paper or shape of lab
Il, in color OF ink, or In one or another de-
all, holds Judge Hazel of the United
States Circuit Court, S. D. New York, in
he case of Russia Cement Company VS..
fsafr E,n1 r-,1
,ollocation of such details will be protect
d against an imitation, the natural result
If which is 10 deceive purchasers. and
which must therefore be presumed to have
,een adopted with that purpose.
All lager beer is not intoxicating, holds
he Supreme Court of Georgia, in the case
# Smith VS.. State (39 S. E. Rep, 29D,
while the words lager beer" said the
.ourt, in their ordinary use and accepta-
ion may sufficiently indicate an intoxi-
.ating liquor to warrant a conviction of
elling liquor of that character, when the
roof shows a sale of lager beer and
lothing more, yet where. in given case.
here was affirmative testimony to the ef
ect that liquid which contained not ex-
eeding per cent OF alcohol would not in
oxicate. and that the identical bottle of
liquid which the accused SOLD, and upon
he sale of which the question of his
'uilt or innocence turned, did not contain
more than per cent of alcohol, IL was.
Though there was other testimony that
his identical liquid was lager beer, er-
oneous to charge generally that all lager
eer is intoxicating.
Neither the institution nor the prosecu-
ion of n civil suit in a court which has
o jurisdiction thereof affords ground for
he bringing by the defendant of an ac-
ion against the plaintiff for malicious
holds the Supreme Court of
aF II
30 S. e. Rep. 500. But where such a
uit is brought maliciously and without
robable cause, and the defendant is in
restrained of his liberty, he
nay maintain against the plaintiff an ac-
ion for false Imprisonment, without re-
ard to whether final Judgment was en-
cred in the authorized suit or not
Though note given on Sunday in pay
ient of the difference on an exchange of
roperty concluded on that day is void.
ne Supreme Court of New Jersey. in the
ase of Brewster vs.. Banta 90 Att. Rep,
Isl. holds that recovery may be had
hereon where the maker made an ex-
ress promise to pay the debt after the
ote was given.
In Oregon. under a statute allowing
honey lost at gambling to be recovered.
Ne Supreme Court. in the case of Meyers
= Dillon ito Pac Rep. 500 holds that
violence that the defendant was COM
lonIy reputed to be the proprietor of the
anne is admissible
Where building and loan association
ecomes insoIvent the Court of Chancery
ppeals of Tennessee, IN the case of
williamson VS.. Globe Building and Loan
company ga S. W. Rep, 29S, holds that
borrowing member whose loan was void
$ usurious is liable for the amount re-
aived. and should be credited with inter