The times. [volume] (Washington [D.C.]) 1897-1901, 1901-05-11
LATE LEGAL DECISIONS.

u
conndential stenographer. and the type
writing of same. constitute the publica-
ton OF libel, where there is no communi-
cation Of said letter to any other person.
was decided for the first time in this
country by the Court OF Appeals of Mary
iand in the case of Cambria VS. Schooiey
dS At Rep. 300, and 1t was held that
such facts did constitute a publication In
their opinion, the court said that a COM
munication to a stenographer must be re-
garded precisely as a communication TO
an ordinary amanuensis. and as establish
ing all that Is ordinarily necessary to
constitute publication; and that they
could perceive no good reason why an ex-
ception should be made In favor of STE
nographers. Neither the prevalence of
any business customs or methods nor the
pressure of business said the court.
''wnics sompels resort to stenographlc as
sistance, can make that legal which ia
Illegal, nor make that innocent which
would otherwise be actionable Nor can
ene Iact tnat the stenographer is under
contractual or moral obligation to regard
az his employers communicates as CON
idential alter the reason of the matter
IL was contended by counsel that a ste
nographer should De considered as a mere
photograph whose function was NOT
mental but purely a mechanicaf process
| ana that there could be no such p;.rcen.
constitute v,11bI
ton. But the court held that this theau~
sound. vas uh-
Where contract between a baseball
player and an amusement COMPANY pro-
vides that the company may have the
right to suspend the player for a definits
period without pay, In case he fails IA
Keep himaelf in sound condition physical-
~, the New York Supreme Court. appels
late division. in the case of Russell VS..
National Exhibition Company $50 N. Y,
supp, IS2), holds that a notice to thu
player that he is suspended without pay
until he Is in fit condition to play ac.
cording to his contract" constitutes a sus-
pension for definite period, within tho
meaning of the contract, since 1t is an
definite as the cause assigned for suspen-
sion would permit. In their opinion tha
court said In part: Where the player Is
physically unfit to perform his duties it
is necessarily impossible to determine
when such disability may cease; and IL
the definite period prescribed would re-
quire its being fixed by period OF time,
then, in order to protect itself, the de-
PENDANT might fix the time so long that it
would do injustice to the player, who
meanwhile might get back into condition
What the defendant was contracting for
was efficient work, and the clear intent
expressed by the contract was that 1t was
not to pay for the period during which
the player was unfit to efficiently perform
his duties. The suggestion that under
this construction advantage might be
taken of the player to tie his hands. and
thus prevent his earning the money, is
without force in view of the fact that
such q result could not be accomplished
except through bad faith, which would
not succeed. for. as shown by the trial OF
this action, to justify the withholding of
the players salary il is incumbent upon
the defendant to show that by reason of
physical incapacity he was not entitled 10
be paid.
In bankruptcy proceeding a watch was
held not to be wearing apparel or nee
essary to a debtor by Judge Lowell. of
the United States District Court Gin re
Turnbull, 1O6 Fed. Rep. 500, and it was
further held that the fact that a man
is a plumber does not of itself establish
that he needs watch IN his trade, ana
before an exemption will. be allowed he
must show that a watch is necessary TO
hirs III his trade as plumber.
The loud noise caused by the operation
IF a street roller in Darlington, Iowa,
frightened passing horse so badly as
% rupture a blood vessel in it's heart, re-
,ulting in death The owner of the horse
brought suit against the city to recover
manages bat the trial court held that
le had no cause of action. even if the
,ity was negligently operating the street
-oIler and, on appeal, the Supreme Court
affirmed this Judgment. The Supreme
court held that damages could not be re-
covered for the death of a horse caused
through fright alone; that this was the
-ule as to human beings, and that there
vas M reason why the same rule should
lot be applied to animals. The court
aid that one could hardly anticipate
uch results as are said to have followed
rom the fright of the horse, and that it
vas such an unusual occurrence that the
aw will not consider it the proximate -
ult of the alleged negligence. Gee VS..
,ity of Burlington, s. n. w. Rep, 6lS)
One of the grounds assigned by the
court of Appeals of Kentucky for revers-
ng the case of James Howard, who was
ried and convicted as an accomplish for
he murder of William Goebel, of Ken
ucI.y was that the prosecuting attorney
,ro tenn, who was acting for the regular
Prosecuting attorney, who was sick, told
he jury in his closing argument that he
o them "thdt he thinks the defendant
guilty, and hopes the jury will hang him
higher than Hannah" CHoward VS.. Com,
10 S. w Rep, 1861
Publication by newspaper that the
,ffice of a person was the centre, thirty
ears ago, of the most gigantic conspiracy
yer known in Wall Street, and resulting
n Black Friday" is held by Judge
of the United States District
Court. in the case of Willard vs. Sun
Printing and Publishing Company uO5
FED Rep. 500, to be libelous and tending
O iniure the persons personal as well as
professional reputation even though such
publication does not charge a crime
as it is not necessary that
J, libel to be actionable should charge a
rime or misdemeanor.
Where it has been the custom of
company to receive passengers,
aggage at it's pier for transportation in
nticipation of tickets to be obtained and
presented. and in accordance
18th this custom it receives the baggage
{ passenger who soon after purchases
ticket. and the baggage is lost. Judge
rown, of the United States District
curt, IL the case of the Priscilla QG6
ed. Rep. 1872. holds that court of ad-
Iiralty has jurisdiction, as the reception
f the baggage by the company formed
art OF the maritime contract from the
me of the purchase of the ticket; and
was further held that the loss of the
aggage was presumptively by the negli-
ance of the company. it having been de-
vered into the custody of the latter and
0 excuse being given for its disappear
nee.
A person who called for express pack
ses at an express companys building.
,ected by permission of the railroad
'mpany on its grounds, and who with
1T looking for trains. steps directly in
ont of an approaching engine from the
atform of the building, is held by the