The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1901-04-18

or Interest 20 People ia Various walks Of
Life.

o wagon is responsible for damages 70
suliing from the negligence Of his driver
while engaged in his business, but
where a mother permits O 3-year-old
child to 60 upon a crowded street With
out proper attendants to care for him.
she is guilty Of such contributory neg
hgence as will preclude a recovery Of
damages from the owner Of a team
which ran over and injured him.
The Supreme Court of Indiana de-
cided that where wheat is delivered by
the owner TO a mill or elevator upon the
agreement that it is to be paid for at
whatever is the market price in twenty
days from the day Of delivery, the tram
saction amounts TO a sale and passes
the title, and if between the date Of de-
livery and the date Of payment the
wheat is destroyed by fire, the seller is
nevertheless entitled to recover the
price agreed upon.
An Iowa coal company contracted
with the Northwestern Railroad to
furnish q certain amount Of coal; the
coal company failed, made an assign
ment its assets were sold; the railroad
company refused to take coal from the
purchaser Of the assets, and action was
brought against tie railroad for breach
Of contract. The Supreme Court Of
Iowa decided that when a company
makes an assignment contracts made by
such company cannot he enforced by
other persons
Says the Supreme Court Of Indiana:
Where q debtor takes out policy Of
life insurance, and after holding it a
short time, in good faith transfers it by
Endorsement to some Of his creditors,
taking from them an agreement under
which they were to pay the premiums
and from the proceeds Of the policy re-
tain the amount Of their claims, aud
pay over any surplus to his heirs, such
transaction is not IN fraud Of creditors
not participating, end is valid and viii
be sustained"
The Supreme Court Of Wisconsin
says AN employe accepts the risk
OF all dangers incident to his employ
ment which are apparent to him and of
which be has notice. and one who works
near aud around a stairway built for the
use Of employees. which is steep and mar
row, without railing and with steps at
irregular distances, and which he has
used, is chargeable with knowledge Of
the defects. as they are plainly obvious,
aud he assumes the risks Of injury in
using the stairway arising from such
defects"
The Court Of Appeals Of Maryland
says Where a person is about to en-
ter the employ Of another, he has
no right of action against the former
employer, who in good faith, without
malice, voluntarily aud in honest be-
lief that he is discharging a duty he
owes to a neighbor, aud with full con-
vietion that the statement is true, com
municates to a person about TO employ
him the information that when ia his
employ he had stolen from him. Made
in this way, aud under these circum-
stances, this is a privileged communica-
ton
The Supreme Court Of Missouri said !.
a 17-year-old boy working in a ma
chine shop was ordered to stop the en-
gine and in obeying the order his cloth.
ing was caught by a set-screw in
rapidly revolving shaft, over which he
attempted to step in going to the en-
gine. It is a correct statement and
we'll applicable to these facts 10 say that
if, without any negligence on his part.
aud by reason Of his youth and mex
perience and his reliance on the direc-
tions given him, he failed TO appreciate
the danger in passing over or by the
shaft, in consequence Of which he was
injured, the employer will be held re-
sponsible for not properly guarding the
shaft"
In a suit against a common carrier for
breaking merchandise shipped at own
er's risk Of hreakage," the plaintiff has
the burden Of proving that il the freight
was received IN good order. and by the
exercise of ordinary care could have
been carried and delivered in like good
ordsr, then the law presumes that the
breskage was caused by the carriers
negligence. The only liability Of a
railroad company for goods shipped re-
leased is for the injuries sustained
through the actual negligence Of en-
ploYes Of the company. Upon release
the shipper assumes ths ordinary risks
Of transportation.
The Supreme Court Of Wisconsin de-
cided that where a shipper Of goods ac-
eepts a bill Of lading which provides
that all liability on the part Of the car
rier to whom the goods are first deliy-
cred should Immediately cease upon de-
livery Of the goods to another carrier,
and that for al loss and damage occur
ring in the transit OF said packages, the
legal remedy shall be against the par.
ticular carrier or forwalaer only in
whose custody the said packages may
actually be at the time Thereof, it be.
ing understood that this company as
sumes no other responsibility for their
safe carriage or safety than may be in
CURED on its own road The stipula-
tion is a valid one and will be enforced
against the shipper.
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