The times., 1901-05-11
LATE LEGAL DECISIONS.

reuter-. containing libelcus matter. TO n
conndential stenographer. and the type
writing of same constitute the pubIica-
tion Of libel. where there is no communi-
cation OF said letter to any other person.
was decided for the first time in this
country by the Court Of Appeals of Mary
iand In the case of Gambrill VS. Schooiey
,4S Atl Rep. 720l. and it was held that
such facts did constitute publication. In
their opinion. the court said that a COM
munication to a stenographer must be re-
sarded precisely as a communication 70
an ordinary amanuensis. and as establish
ing all that IS ordinarily necessary 10
constitute publication: and that they
could perceive no good reason why an ex-
ception should be made In favor Of ste
nographers. Neither the prevalence OF
any business customs or methods nor the
pressure of business" said the court.
which compels resort to stenographfc as
sistance. can make that legal which is
Illegal, nor make that innocent which
would otherwise be actiOnabIe Nor can
the fact that the stenographer is under
eontraetusl or moral obligation 10 regard
all his employers communicative ae cor
tidential alter the reason Of the rnatter',
II was contended by counsel that a ste
nographer should De considered as a mere
mental but purely q mechanical process
and that there could be no such Dercen'
ton as is requisite to constitute r71hlioa
ton. But the court held that this theor-
tnough subtle and ingenious was mn
sound. &
Where n contract between baseball
player and an amusement company pro-
vides that the company may have the
right to suspend the player for a definite
period without pay, in case he fails ia
keep himself in sound condition physical,
1 I he Nev
late division. in the case of Russell vs.
National Exhibition Company $50 \. Y.
Supp, 1872, holds that a notice 10 thu
player that he is suspended without pay
until he is in fit condition to play ac.
cording to his contract" constitutes a sus,
pension for a definite period, within tho
meaning" Of the contract. since IL is an
definite as the cause assigned for suspen-
sion would permit In their opinion the
court said in part: Where the player is
physically unfit to perform his duties it
is necessarily impossible to determine
when such disability may cease; and il
the definite period prescribed would re-
qulre its being fixed by period OF time,
then, in order TO protect itself, the de-
fendant might fix the time so long that IL
would do injustice to the player. who
meanwhile might get back into condition
What the defendant was contracting for
was efficient work, and the clear intent
expressed by the contract was that 1t was
not TO pay for the period during which
the player was unfit TO efficiently perform
his duties. The suggestion that under
this construction advantage might be
taken of the player TO tie his hands, and
thus prevent his earning the money, is
without force in view of the fact that
such a result could not be accomplished
except through bad faith. which would
not succeed, for. as shown by the trial OF
this action. to justify the WiInhOid1nS OF
the players salary il is Incumbent upon
the defendant to show that by reason OF
physical incapacity he was not entitled 10
be paid.
In bankruptcy proceeding watch was
held not TO be wearing apparel or nee
essary to a debtor by Judge Lowell, Of
the United States District Court Gn re
Turnbull. los Fed. Rep. 66D, and it was
further held that the fact that man
is a plumber does not of itself establish
that he needs a watch IN his trade, and
before an exemption will be allowed he
must show that a watch is necessary 70
lirs in his trade as plumber.
The loud noise caused by the operation
Of street roller in Darlington, Iowa,
frightened passing horse so badly as
20 rupture blood vessel in its heart, re-
sulting in death. The owner Of the horse
brought suit against the city to recover
damages, bat the trial court held that
he had no cause of action. even if the
.ity was negIigently operating the street
-oIler, and, on appeal, the Supreme Court
affirmed this Judgment. The Supreme
Court held that damages could not be re-
covered for the death of a horse caused
through fright alone; that this was the
-ule as TO human beings, and tnat there
vas no reason why the same rule should
lot be applied to animals. The court
said that one could hardly anticipate
a-rrff ara S-1Td rn hQV
rom the fright of the horse, and that It
vas such an unusual occurrence that the
aw VIII not consider it the proximate "a
iult Of the alleged negligence tLee vs.
City OF Burlington. So y. w. Rep, 6lS)
One of the grounds assigned by the
Court of Appeals Of Kentucky for revers-
ng the case of James Howard, who was
ried and convicted as an acComplice for
he murder of William Goebel of Ken
lucky, was that the prosecuting attorney
1ro tem., who was acting for the regular
prosecuting attorney, who was sick, told
he fury in his closing argument that he
was commissioned by the latter TO say
20 them .-thdt he thinks the defendant
guilty and hopes the jury will hang him
higher than Hamau.' tHOward vs.. Com,
i13 s. W. Rep, I56.)
Publication by a newspaper that the
1fice of a person was the centre, thirty
rears ago, of the most gigantic conspiracy
,ver known in Wall Street, and resulting
n Black Friday" is held by Judge
Wheeler, of the United States District
Court. in the case of Willard vs. sun
Printing and Publishing Company GO5
Fed Rep. 636). TO be HbelOus and tending
@ iniure the persons personal as well as
professional reputation. even though such
publication does not charge crime or
as il is not necessary that
) libel TO be actiOnable should charge a
rime or misdemeanor-
Where it has been the custom of a
teamship company to receive passengers
aggage at it's pier for transportation in
of tickets to be obtained and
fterward presented. and in accordance
With this custom it receives the baggage
{ passenger who soon after purchases
ticket. and the baggage is lost. Judge
Crown, of the United States District
'ourt, in the case of the Priscilla QG6
ed. Rep. 1897 holds that a court of ad-
liralty has Jurisdiction, as the reception
f the baggage by the company formed
art OF the maritime contract from the
ime of the purchase of the ticket; and,
was further held that the loss of the
aggage was presumptively by the negli-
ence OF the company. il having been de
vered into the custody OF the latter. and
o excuse being given for its disappear
nee.
\ person who called for express pack
ges at an express company's building.
rected by permission of the railroad
Ompany on its grounds, and who with
ut looking for trains. steps directly in
'ont Of an approaching engine from the
latform of the building, is held by the
nited States Circuit Court of Appeals,