The times., 1901-05-25
LATE LEGAL DECISIONS.

LATE aEGAb DEUISlOkS.
A spiritusIistic medium In Massachu-
setts induced one OF her followers.
woman. to transfer to her certain valua-
bic bonds by falsely representing that the
dead husband of the woman directed that
| such gift should be made IN the seanee
the medium pretended that the dead hus-
| band was speaking through her. In an
action against the medium to recover the
| bonds the defence was that the claim was
barred by the statute Of limitations; that
| no one can say that spirits do not speak
| through mediums: and that II the decep-
| tion was so obvious that the plaintiff ulti-
| mately found It out. She cannot rely on
! having been deceived by ID, bat ought TO
have found it out before. But the SUI
/ preme Judicial Court overruled these con-
| tentious- The court held that the statute
| Or limitations did not apply in a case OF
| TINS kind. while the deception continued,
/ but that the plaintiff had the statutory
period within which to sue after her eyes
| were opened and she discovered she had
| been duped. The second question was not
| consipered, because the medium did not
rest her case on the truth of the spirit
| story The verdict in favor of the plain
TN was sustained. Dean vs. Ross 90 n,
| h Rep, 1l9)
A policeman in New York, when pro-
| NOTED for special acts OF heroisn. does
not have to pass civil service examina-
! tion before he is entitled to the promotion,
holds the Court of Appeals Of New York
| In the case of People VS.. Knox GO N e.
| Rep, ID. The court held that the special
| local statute comforting power upon the
/ police board to promote policeman for
| exceptional acts of gaIlantry is not to be
| deemed repealed or modified by subse-
| qUent general law relating TO civil service
| generally; and that the right TO promo-
ton depended upon some peritorious act
alone and not upon any educational test
whatever.
a manager of a public place of amuse-
ment is held by the Supreme Court Of
Minnesota, in the case of Mastad vs.
Swedish Brethren ts5 N. W. Rep. 9iS), to
be under duty to exercise reasonable care
to protect his customers and patrons from
assaults and insults. and for failure to
do so is liable for damages at the suit OF
one assaulted and injured. In this case
the plaintiff, who was attending public
picnic gwen by the defendant, was as
saulted and beaten without provoeation
on the picnic grounds by drunken man.
The plaintiff alleged in his complaint that
the defendant was selling liquor on the
grounds, and sold liquor to the drunken
man, although the defendant knew that
WHeN unler the influence or lnLUNlcaulS
he was dangerous man, likely to commit
assaults on peaceable persons. The plain
tiff further alleged that the defendant
failed TO provide police protection and
neglected to maintain peace and order.
On the hearing by the lower court JudS- ,
ment was given for the defendant on the
ground that the plaintiff did not state a
cause OF action. but appeal the Su-
preme Court held that the facts alleged
would constitute a liability against the
defendant. The court said in part: There
&c -fsafa rzrfar-
owning and controlling such a place, who
sells his wares to such a person, knowing
his ugly disposition when intoxicated.
should not be bound to exercise at least
reasonable care TO protect his other guests
from his assaults and insults. The pro-
prietor of such place has the undOubfed
disorderly persons, and the right TO r6-
move and expel them when they become
in that condition and disorderly and likely
TO produce discord and brawls- Being
clothed with such power and authority,
a corresponding duty TO do IN the inter-
ests Of law and order. and for the pro-
lection of his other guests, should be in1-
posed as matter of law"
A mother and her daughter perished In
a shipwreck, under conditions such as TO
render it impossible, by evidence. to as
certain which of the two died first. They
had by separate wills bequeathed each to
the other her whole estate. The question
other and inherited the others estate As
there is no presumption of Simultaneous
ness OF death in Louisiana. where the
question arose, the court (Supremel held
tfiest ti.a mother, being fifty-two years OF
age, and the daughter thirty-five, the lat
ter must be held 10 have been the sur
vfvor. (SuccessionS Of Langles ct al, .
So. Rep, f5I.)
Where { package is offered to an ex-
press company for transportation, accom-
panied by tender of the fun amount Of
the company's regular charges for the
service, the Supreme Court of California,
in the case of People VS.. Wells Fargo
Company ga Pac. Rep. 702) holds that
such company could not refuse to accept
the package unless further payment OF
l cent or of a i-cent internal revenue
stamp was made, and mandamus would
lie to compel its acceptance.
The following allegation in a bill for
divorce against wife was held by the
Supreme Court OF Washington, in Stanley
VS.. Stanley ga Pac- Rep. 1872, not 10 state
any legal ground for divorce: "She was
vicious in disposition, mur-
deTOus in threats against the plaintiff and
his parents, hysterical and ungoxernable
in temper, crazy in her actions, and by
her causeiess and UnproyOked boiSterOus-
ness, screaming. hallOOing, and other wild
conduct, by day and night an intolerabIe
nuisance to all her neighbors.'
A razor was judicially held to be a
deadly weapon by the Court OF Criminal
Appeals of Texas in the case of Scott vs.
State (62 S. W. Rep. H9). The court said
that in determining the character Of wea-
pon, as to whether it is deadly or not,
they We're not confined to its character
alone, but could look to the manner of its
use to ascertain whether or not it is
deadly.
In Missouri a new trial VIII not be
granted in a case because one of the law
yers for party to the case played cards n
with some of the jurors during the trial,
hold the Supreme Court of that State in
Feary VS.. Metropolitan Street Railway
Company (62 S. w. Rep, 452) The court
said in part: Lawyers and Jurors gen.
srally reside in the same bailiwick. are
acquainted with each other meet fire.
luently during the term of court some
lines eat and sleep in the same tavern
rhe trial judge often does the same. and
omettmes he is the guest of an attorney
Who has cases before the court Ru+ it
lever occurs to them, perhaps that thew
we're thereby laying the foundation for a
eyersal of their cases. 1t takes Some
hing more-some corrupt act or act
tronSly pUi.-'lng to positive turpitude-to
Ipset verdict for misconduct .
gift of money in a bank. on denosir in
he donors name, may be legally exc
uted by the person making such gift.
odds the Supreme Court of Minnesota in
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