The times., 1901-04-13
LATE LEGAL DECISIONS.

The fact that a widow Is addicted TO the
use of intoxicating liquors does not pre-
vent her from becoming the administra-
trix of her husbands estate. holds the
Surrogate of Suffolk County. New York.
In his decision the Surrogate said, in part:
1T must be remembered that IL is not
intoxication which disbars one otherwise
qualified from receiving letters of admin
istration. The question is not whether an
applicant has been addicted to the use of
intoxicating liquors, nor whether she is
so addicted at the present time. IL IL
common thing for men of prominence and
reliability to drink when they see fit, nor
do their acts in this regard prevent them
from t1lling positions of trust and re-
sponsibility ably. 1t is only when their
habits OF drink are carried so far as to
cloud the brain and weaken their respect
for honesty and integrity that courts are
called upon to take cognizance of their
use of liquor"
The certificate of insurance issued by
fraternal organiza ton provided that it
should be null and void in case of the un-
truthfulness of any OF the answers in the
application. An applicant received a cer-
tificate after he had stated that he was
free from any disease Four days after
receiving his certificate he was taken Sc
riously i'll with cancer which resulted in
his death i'm a short time. In action
by his widow to recover on his policy the
Supreme Court of Michigan held that in
asmuch as the testimony failed To show
concluSvely that the insured had the can
Ger at the time he received the certificate
of insurance. the jury had right to pass
upon the question as to whether he was
in good health at the time he made his
application.
A verdict of s1,000 against railroad
company in Texas for compelling a white
woman to ride sixty miles in the coach
for negroes was held to be excessive by
the Court of Civil Appeals in the case OF
Missouri. etc, Ry. Co. VS.. Ball (6l S. w
Rep, 32D. The court said that 500 would
be full compensation for all the damages
sustained and that ir the plaintiff would
remit 5000 of the verdict the Judgment
would be affirmed; otherwise reversed.
The court, however, expressly held that in
forcing the plaintiff. white woman. TO
ride In the negro car the railroad COM
pany violated it's contract and failed to
discharge it's duty as a common carrier,
and for the breach of contract and neg
fect of duty was liable for such damages
as it ought to have reasonably anticipated
would flow therefrom. And among the
elements OF damage are mental pain, anx-
iety, distress, or humiliation suffered
A written permission given by a mother
TO a liquor dealer authorizing him to sell
liquor TO her minor son was held by the
Court of Criminal Appeals OF Texas. in
the case of Patten VS.. State (61 s. w.
Rep, 309) not to be admissible IN a pros
ecutfon against the liquor dealer for such
a SALE unless ii was shown TO have been
se. - .
The question whether the word ''Unee-
da" could be registered as trademark
for biscuits IN England was recently
passed upon by Justice Cozens-H Hardy,
who held that the word was not entitled
to registration. as il was not an invented
one under the patent acts, but consisted
only of the misspelling of the words You
need a
A passenger on a street car who acts in
such a manner as to justify the inference
that he is intoxicated, and falls into a
sleep from which the conductor fails To
arouse him by shaking him. may be eject
ed, holds the Supreme Judicial Court of
in the case Of Hudson vs.
Lynn and 3. r. R. (59 N f. Rep. 6i7) /
but the court holds further that II Is not
due care TO put him. on dark and stormy
night, in an unlighted road some distance
from buildings, though street cars are
passing al the time and teams are likely
to pass.
Where a witness teStities TO conversa-
ton over a telephone. and that he recog- |
nized defendants voice, the Supreme Ju- !
dicial Court of Massachusetts. in the case I
Of Lord Electric Company VS.. Morrill, $50 I
n. E. Rep. 500, holds that there is suf- /
fcient evidence OF identity to justify the !
admission OF the conversation.
Where a passenger on a street car is !
given wrong transfer slip by the con-
ductor and boards car on the connecting !
line, tenders the transfer, which IS refused !
by the conductor, declines to pay her fare, I
and is forcfbly elected, after being request /
ed to leave the car, the Supreme Court |
of Illinois In the case of kiley VS.. Chicago !
City Railway Company (59 n. q. Rep, I94), /!
holds that the passenger cannot recover
for any injuries sustained, as 1t was her !
duty peaceably 10 leave the car, and seek !
proper redress In the courts.
A person who constructs a building /
upon his own property with windows in /
i, upon the side facing his next neigh |
oor's property, so that the privacy of 1
he latters residence is interfered with, /
,annot be made by his neighbor, by in
junction, to close the windows holds the
supreme Court OF Louisiana. in the case
If Bryant VS.. Sholars go So. Rep, 3o0),
he latterS remedy being to establish
screens upon his own property.
Judgment of $50 in favor of a father
# a child and against the Western Union
Telegraph Company for failure of the
company TO deliver telegram 10 the
ather announcing the death OF his child,
whereby he was prevented from attend
ng the funeral. was affirmed by the Court
f Civil Appeals of Texas. in the case of
Western Union Telegraph Company vs..
Rice (6l s. w. Rep, 327).
A failure to destroy the unvoted ballots
4 local option election does not invali-
ate the election, holds the Court of Ap-
eais of Kentucky. in the case of Pickett
s. Snider (6l s. w Rep. 27O. as the
tatUte requiring the destruction of the |
allots is merely directory and not man
atory.
A written contract between a shipper |
nd a common carrier, by which it is i
tipulated in consideration of a reduced {
ate for carriage that the value of the
rticles shipped shall be limited to a
tated amount. is held by the United
tateS Circuit Court of Appeals in the |
lse of Jennings vs. Smith d06 Fed Rep,
'e). not to be void as against public {
olicy, as relieving the carrier from La
lity for negligence.
Where a partnership has been declared
he bankrupt Judge Mcpherson. of the |