The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-10-20
CASES OF INTEREST

latter court. as follows: "A law which
prohibits the selling of tickets OF pas
sage on railway trains by any per
sons except common carriers and their
authorized agen-s transcends the police
power and violates the constitutional
guarantees in 50 fan as it undertakes
10 prohibit citizens from engaging in
the business of brokerage in passage
tickets"
Attorney and CIient.-A client
is not affected with notice Of faCas
within the knowledge Il his attorney,
according to the supreme court of Ten
neSsee in the case of Nelson V. Weber,
81 Southwestern Reporter, 20, when
tie facts were obtained by the aston
nt'y from outside sources, and net in
the matter and course of his employ
ment for such client.
Train Dispatcher as Employee Run
ming Train.-A train dispatcher has
been held in the case of Rim
ard " Omaha. X. G & e Rv
Co. 81 Southwestern Reporter, 124, to
nc an employee running train, within
the meaning of the statute providing
that whenever a person shall die from
an injury resulting from the negligence
OF any person in running any train the
railroad shall be liable.
Law As to Fellow Servants.-The In
diana enactment known as the EN-
pioyers liability act" which regulates
the H3DlBty OF railroad corporation
for injuries to its employees. has re-
Gently been construed in the case of
the indianapolis Union Railway COM
pany vs.. Houlihan, so Northeastern
Reporter. 943. The court holds that the
section making railroad cOrpora tions
liable for injuries TO their employees
the same as to strangers. where the in
jury IS caused by the negligence of To-
connective engineers or trainmen, etc.
whether the employee was acting in
obedience to some superior at the time
or on mis- own initiative, is not in con-
hict with the equality clause of the fed
eral and state constitutions. as an I'M
reasonable discrimination against rail-
road companies. sUbjecting them to Ii
ability to a class of employees with re-
spect 70 which other EMPLOYERS are NOT
made liable.
Civil Death.-The disposition OF prop
erty Of persons sentenced to life i'm
prisonment is considered by the SUI
preme court of Kansas in the case OF
smith VS.. Becker, 81 Pacific Reporter,
~. The statute provides that when
ever any person shall be imprisoned
under sentence for life, his estate,
property and effects shall he admin
istered and disposed of in all respects
as II he were naturally dead" The
majority of the court confine the appli-
cation of this section to personal prop
erty because of the use Of the word
administrator" An able dissenting
opinion by Green, J.. with whom concur
the chief justice and Pollock j.. sets
forth what would appear to be the ma
tural construction of the section It
points out that an administrator in
Kansas has absolute control over the
real estate as well as the personal
property and concludes as follows:
our construction may seem harsh.
but 1t is the plain and unmistakable
meaning of the language used by the
lawmakers, and we have nothing to do
but give il the Interpretation intended
by that department of government
Dover Rights of Divorced Wife
The New York supreme court. appel
late division. second department has
/ ID thai a divorced wife is not barred
- tight to dover in the lands of
p. land in New York where she
was married in Massa chusetts and re-
moved to New York. and resided there
with her husband for eleven years, and
then returned to Massa chusetts. and
there obtained a divorce. The hus-
band was served personally in New
York. but did not appear in the action,
and subsequently, remarked in Penn
sylvania. but continued to live in New
York until his death. The court holds
that the Massachusetts decree, not be-
ing binding on the husband, does not
eatop the wife from claiming dover.
The case is entitled StarbucR vs.. STAR
buck, and viii be found in II New York
Supplement 104 Goodrich presfdine
judge, dissents on the ground that he
who seeks equity must do equity, and
must come into court with clean hands.
The plaintiff invoked the Jurisdiction
Of the Massachusetts court by com
mencing an action for divorce. She
cannot now in good conscience refuse
to abide by It's decree dissOlving the
marital bonds"
(Full reports of any case cited here
may be obtained from the West Pub
fishing company, st. Paul, Mimi, for
. centSl