The Washington times., 1901-07-27
LATE LEGAL DECISIONS

sohapie lengtn OF time Is guilty of OBJ
structing the mail and is liable for what
ever damage may thereby result. holds
the Court OF Civil Appeals OF Texas in
the case of Cohen VS.. Cohen fss 8. W
Rep. SD. A letter containing informa-
tion with reference to a proposed sale
of property was delivered by mistake az
the postoffiee at San Antonio. Tex, to the
wrong person. who negligently retained II
Tor several days. and In consequence OF
which the party who should have received
the letter was prevented from selling his
property. The injured party brought suit
against the person who had retained the
letter. and In a trial before a jury recov-
cred Judgment for actual damages in
the sum OF sfoo. On appeal the Court OF
Appeals affirmed this Judgment. holding
that the defendant owed the piaintin a
duty under the Revised Statutes United
states. section 1892. not to obstruct his
mar MAJ and breach of this duty rendered
nun nun habie for damages to plaintiffs es-
tate resulting therefrom.
"A drunken man. In a helpless condition.
oo"rued freight train on a dark. rainy
ne"'' "hile II was standing in deep cut
was immediately elected from the
train. and left in the cut by the train
crew. who knew of his condition. They
also knew that shortly thereafter a naa-
senger train would pass over the track
throogh the cut. The superintendent OF
the road and the agent at a near station
were h1tihed OF the facts in time to have
sa.eo st the man from danger. No precau-
tions were taken to prevent the man
from being injured. and he was run over
ana Killed by the passenger train which
Ioliowed the freight. On the trial. the
oa, Dou,. save Judgment FOR the railroad COM
pany, but on appeal the Court of Appeals
,Nehtucky) reversed this judgment, and
held that the facts constituted caf,s.
OF action: The court held that the law
no rftrhr
to eject the man. but that the manner ~
the election. the time, place. and circum
stances rendered the company liable FOR
ms death The court said: TT would be
strange doctrine of ethics and of law
III an unfortunate man, on a dark cold
nisnt, IN drunken and helpless condi-
tion. is on the track of railway cou1pany
IN IN a deep cut, and that fact is known to
the superintendent. together with the
knowledge that a passenger train will
soon pass over the track through the tlIn-
mel, and VIII probably kill him. that the
company Is not responsible IL its superin-
.shueht could have avoided the injury by
the exercise of ordinary care and failed
to do So"
A Christian Scientist in Missouri who
was accustomed to receive compensation
for tending the sick. attended a patient
alleged to have had diphtheria and failed
TO report the case to the board of health
curing physicians to report all cases of
dlphtheria- She was tried and convicted
OF violating the ordinance. and appealed
her case to the Supreme Court on the
ground that the conviction was opposed
10 the provision of the Constitution guar
anteeing religious freedom The Supreme
Court held that the constitutional right
OF religious freedom was in no sense in
VOWED in the action, and that the case
was improperly appealed to that court.
tCity OF Kansas City VS.. Baird, So s. w
Rep. 1851
1t is not reversible error for a court TO
permit photographer to take a picture
of the jury while the trial is In progress.
though it is improper. holds the Court OF
Criminal Appeals of Texas in the case OF
Senert VS.. State (s3 s. w. Rep. 5ss). On
this point the court said: THE bill does
not show how or in what way appellants
rights were injured by this action OF the
trial court. We would not be understood
as approving matters of this character
Trials of persons in the courts of this
country are serious matters and we depre-
cate any effort to lend to them any SEN
satfonai or spectacular effect, and such
conduct as complained of in this bill
should not be permitted"
person VINO uses a non-transferable
mileage ticket. and who signs the name of
the owner of the ticket, is not guilty of
souri, in the case of Merrieles VS.. Wabash
Railway Co. (63 S. w. Rep, 7IS), providing
he was authorized by the owner to sign
his name
A marshal engaged in delivering desert
ing seamen to a ship under the directions
of a foreign consul, pursuant to an un-
order of a commissioner, acts
as agent of the consul, and not in exc
cution of any process, holds Judge Bel
linger of the United States District Court,
Oregon. in the case of u. S. VS.. Kelly Q0S
Fed. Rep, $3.50, and persons who rescue
such seamen from his custody are not
guilty o. ofstructing and opposing an Off
GER in the execution of a legal or judicial
writ or process.
Where national bank has gone into
liquidation. the United States Circuit
Court, Missouri. in the case of Moss VS..
Whitzel, holds that the officers of the
bank have no power to incur a liability on
the part of ich bank after it has gone
into liquidation which will be binding on
the shareholders, and Judgment or =
liability so created. rendered against the
bank by collusion of the officers, is not
conclusive on the shareholders.
Tea imported from a foreign country
while in store in a Government ware
house in the original unbroken package.
is exempt from State taxation. holds the
Supreme Court of Illinois in the case of
Siegfried VS.. Raymond go n. w. Rep,
S6s).
In an action for divorce in Kentucky
the Court of Appeals of that State in the
case of Lambert VS.. Lambert 63 S. w.
Rep, 614), holds that neither the husband
nor the wife is a competent witness
against the other.
In a prosecution for murder, where it
is claimed that the death of the deceased
was caused by a blow on the head. the
Court of Criminal Appeals of Texas in
the case of Minson VS.. State t6S S w.
Rep, CID holds that a photograph show
ing the condition of the brain of the de-
ceased, after removal of the skull. is ad-
nissible in evidence.
The words "steel shod," when applied to
boots and shoes whose soles are studded
with steel nails to render them more du-
rable are essentially descriptive and can
not be exclusively appropriated by one
as a trade mark. holds the
United States Circuit Court of Appeals
in the case of Brennan vs.. Emery. etc,
Dry Goods Company Q0S Fed. Rep, 624)
Where strip of land is conveyed as an
alley the Supreme Court of Illinois holds
that private alley is meant. and the
court also held that private alley cannot
become public, except by condemnation.
by grant, or by dedication.
Wagering contracts on the future mar
1et price of grain, where II is shown that.
their terms, no actual de-
livery of the grain was contemplated by
he parties, are held by the United States
Circuit Court of Appeals, in the case of
Metropolitan National Bank VS.. Jansen
l0S Fed. Rep, 572I. 70 be Illegal and void