The times. [volume] (Washington [D.C.]) 1897-1901, 1901-04-13
LATE LEGAL DECISIONS.

The fact that widow is addicted to tn
use of intoxicating liquors does not pre-
vent her from becoming the administra
trix of her husbands estate. holds tn
Surrogate of Suffolk County. New Yori
In his decision the Surrogate said, in part
1T must be remembered that IL is no
intoxication which disbars one otherwis
qualified from receiving letters of admin
| istration. The question Is not whether Al
| applicant has been addicted to the use o
| intoxicating liquors, nor whether she
so addicted at the present time. 1t IL
| common thing for men of prominence ant
| reiisbility to drink when they see 1T. no
| do their acts in this regard prevent then
from hlling positions of trust ana re
| sponsibilfty ably. 1t il only when thei
habits of drink are carried so far as I,
cloud the brain and weaken their respec
for honesty and integrity that courts ar.
called upon to take cognizance of theti
use of liquor"
The certificate OF insurance issued by
/ fraternal organization provided that Il
should be null and void In case of the UNI
truthfuiness of any OF the answers in ths
application. An applicant received a GER
| tificate after he had stated that he wa.
| then and had been for seven years past
/ free from any disease Four days aftel
| receiving his certificate he was taken sc.
riously III with cancer. which resulted in
his death in short time. In an action
| by his widow to recover on his policy the
supreme Court of Michigan held that in
asmuch as the testimony failed to show
conclusively that the insured had the can
Ger at the time he received the certificate
of insurance. the jury had a right to pass
upon the question as to whether he was
in good health at the time he made his
application.
A verdict of s1,0oo against n 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 (61 S. w.
Rep. 32O. 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. a white woman. to
ride In the negro car the railroad COM
pany violated its contract and failed to
discharge its duty as a common carrier,
and for the breach of contract and neg
lect OF duty was liable for such damages
as 1t 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 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 (6l s. w.
Rep. 900, not to be admissible in pros
ecution against the liquor dealer for such
n II 1itf 10 at~ ls.s.f
IN his possession at the time OF the sale.
The question whether the word '.Unee-
da" could be registered as trademark
for biscuits In England was recently
passed upon by Justice Cozens- Hardy,
who held that the word was not entitled
to registration. as 1t 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 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
Massachusetts. In tie case of Hudson vs.
Lynn and 3. r. R. go n. E. Rep. 6iD,
but the court holds further that IL is not
night, in an unlighted road some distance
from buildings, though street cars are
passing at the time and teams are likely
to pass.
Where a witness testifies to a conversa-
ton over a telephone, and that he recog-
nized defendants voice, the Supreme Ju-
dicial Court of Massachusetts, in the case
of Lord Electric Company VS.. Morrill, go
n. E. Rep, 500. holds that there Is suf-
hcient evidence OF identity to justify the
admission of the conversation.
Where a passenger on street car is
given q wrong transfer slip by the con-
ductor and boards a car on the connecting
line, tenders the transfer, which is refused
by the conductor, declines to pay her fare,
and is forcibly 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. e Rep, 79D,
holds that the passenger cannot recover
for any injuries sustained, as it was her
duty peaceably to leave the car, and seek
proper redress in the courts.
A person who constructs a building
upon his own property with windows in
L, upon the side facing his next neigh
boris property, so that the privacy of
he latters residence is interfered with,
be made by his neighbor, by in |
to close the windows, holds the |
supreme Court Of Louisiana, in the case |
If Bryant VS.. Sholars 90 So. Rep, $500, |
he latters remedy being to establish |
Greens upon his own property.
A Judgment of 500 in favor of a father
f child and against the Western Union
telegraph Company for failure of the
ompany to deliver a telegram to the
ather announcing the death OF his child,
Whereby he was prevented from attend
ng the funeral. was affirmed by the Court
I Civil Appeals OF Texas; in the case of
lice (61 8. w. Rep. $50.
A failure to destroy the unvoted ballots
local option election does not invaIi-
ate the election, holds the Court of Ap-
eais of Kentucky. in the case of Pickett
s. Snider t61 s. w. Rep, 20, as the
-atute requiring the destruction of the |
alIots is merely directory and not man
atory.
A written contract between a shipper
nd common carrier. by which it is
ipulated in consideration of a reduced | {
lite for carriage that the value of the
rticles shipped shall be limited to a
ated amount. is held by the United
tates Circuit Court of Appeals in the
Use of Jennings VS.. Smith Q06 Fed. Rep.
81. not to be void as against public
,licy, as relieving the carrier from liza |
lity for negligence
Where a partnership has been declared
be bankrupt Judge Mcpherson. of the
nited States District Court. E. D. Penn
lvania. In re Stokes ct al. (106 Fed Rep,
I.l1 hot he.