The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-06-17
RECENT LEGAL OPINIONS.
Baseball Players-Enforcement OF Cor


tracts
Judge Taity. OF the Circuit Court. of St
Louis. Mo, has handed down an interesting
decision constituting the status of a base
American Baseball and Athletic Exhibition
company, was member OF an association
or baseball clubs whose objects were In
part TO control the salaries OF players. the
price of admission to games, and the
method and terms of employment of play
ers Held, that II had no standing in a
court of equity to restrain the breach OF
contract made with IL by one of its players.
Under the provisions Of the Missouri Con-
stitution, declaring that all persons have
the natural right 10 life, liberty and the
enjoyment of the gains Of their own in
dustry, and prohibiting slavery or invol-
untary servitudG. except as a punishment
force the performance of personal services
due by one person to another under con-
tract.
misunderstanding 10 Passenger
While ii is the absolute duty of a railway
carrier OF passengers to provide a safe and
secure place for it's patrons 10 ride within
its cars, when such duty is performed the
passenger has no right TO voluntarily eN-
tend his person beyond the line OF NOV
/ ing car, or ride upon its platform; and If he
does so. and injury follows. no recovery can
be had therefor. A youth of sixteen years
Of age, travelling alone. cannot be held,
to have been incapable in law OF exercis-
ing sufficient discretion and judgment to
aVold mourning the fisk OF a voluntary eA-
posture Of his person beyond the sides OF
moving train. 30 Northwestern Rep.
(Minn.) $50.
Accident Insurance - Voluntary Elk
posure.-
Plaintiff procured an accident policy
providing that II should not cover any ac-
cdent resulting from voluntary exposure
TO unnecessary danger, or resulting directly
or indirectly from attempting TO enter or
leave moving conveyance using steam as
a motive power, or happening While In any
part thereof not provided for occupation
by passengers. Plaintiff. when his train
/ approached his station, stepped out on the
| platform, which was slippery from rain,
while the train was moving, and fell. Held.
that under the terms Of the contract he
| could not recover. res Southwestern Rep.
/ (Missouri) 1851
Unfair Competition - Use of Trade
Names
The word Swift" adopted and long used
/ by Swift e. Co, meat packers, etc, as a
| name for the various products of the COM
/ pany, has become known to the public as
/ denoting the origin of such products and
| the company is entitled 10 an Injunction
restrain a manufactures of like products
/ from designating them by such name,
where there is no apparent reason or ap-
! propristeness in such use. but II apepars,
| rather, TO have been adopted for the pur-
/ pose of deceiving purchasers. MA Federal
Rep. CMinn., Judge Lochren) 605.]
! Moving Trains-Ejection Of Passengers
Where brakemen on freight trains COM
| monty eject trespassers from trains, with
the approval OF the officers of the road.
the road is liable for the act of the brake
| man in forcing a trespasSer to jump from
a moving train. IS Southwestern Rep.
! missouri, Judge Ellison) 22O.l