Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-03-30
SOME RECENT LEGAL DECISIONS.

A station agent travelling to his home
in another town without paying fare.
several hours after the duties for the
day have ceased, is held, in Louisville
& Nashville Railroad Company VS..
Weaver, (Ky.,) so l.. R. A. 381, not to
assume the risk of injury through neg
ligent operation of the train by reason
of the fact that he vas an employe OF
the company.
The duty of a railroad company to
inspect its trains is held, in Proud v.
Philadelphia & Reading Railway, IN.
- so l.. r. A. 1853, not to necessitate a
continuous inspection or to know at
each moment the condition Of every
part of a train, and therefore it is held
that the carrier is not liable for the
slipping of a passenger on steps upon
which nth was frozen, where this con-
dition was not known to the company
and the car had been inspected and
found to be in proper condition only a
short time before.
The original package of cigarettes
which is brought into a State is held,
in Austin v. State, (Tenn.) so L. r. A.
Ats, to BE- the open basket in which
they were brought, where pasteboard
boxes, each containing ten cigarettes
and separately stamped and labeled,
are brought in al open basket belong
ing to the carrier.
An assignment for creditors under
statutes providing for the debtors dis
oh roo a pT hindinr fhorofn ouoru Grad
itor who accepts a dividend is held, IN
Segnitz V. Garden City Banking &
Trust Company, (Wis.) so l.. r. A. 327,
to be Intellectual to carry title to prop
erty of the assignor in another State,
since the statute is in effect a bank
rupt law which can have no extra
territorial effect.
An engraver who takes separate on
facts to make dies from photographs
and print pamphlets containing cuts
from them is, in Levyeau v. Clements,
(Mass.) 80 L. R. A. 397, held to have
no right to use them in pamphlets for
advertising his own business, and.
where he does SO and the pamphlets
are delivered to the employer by mis-
take, the engraver is denied the right
to compel their return or any payment
for them. With this case there is an
notation on the question of the use of
negatives or engraved plates without
the consent of the party who has paid
for them.
A contract of subscription to a book
entitled Men of Progress of the State
of Name" whereby a person agrees to
furnish his portrait and a sketch of his
life for publication therein and to re-
ceive and pay for a copy of the book
when issued, is in the case of Green
leaf v. Gerald, (Me.) so L. r. A. 542,
held unenforceable where the agent
who solicited the subscription falsely
represented that only three other per-
sons in the town would be asked to be-
come subscribers and that portraits
and sketches of only 800 persons would
be published.
An unsightly high board fence ma
~liciously erected on ones own property
in such a way as to obstruct the light,
air, and view of a neighbor is held, in
Metzger v. Hochrein, (Wis.) so L. r. A.
305, to be a lawful structure, notwith-
standing the malice. and this is in &C
cord with the majority of the decisions,
as shown by a note in 40 L. r. A. 1T.
But a statute making it unlawful to
build such structures is shown by such
note, and also by the recent case Of
Karasek V. Peter, (Wash.) so L. r. A.
345, to be within the power of the Leg