The Washington times., 1902-04-27
LEGAL DECISIONS OF INTEREST
TO LAWYER AND LAYMAN
sIsnder Claim Does Not Lie.

| SIandsr Claim Does NOT Lie.
| To say that one has consumption is no
aiandcr. holds Justice Taynor. OF the su-
| prcmc Court OF New York. trial term In
tho case Of Rads w. Press Publishing
| Company. In this chsc the defendant pub
| Ilahed the statement that the plaintiff had
| suffered from consumption. but had been
| cured by certain lung cure establish
mcnt. The plaintiff brought suit for dam
ages. alleging that by reason OF the putii-
cation "he had been held up to the public
as sufferer from said disease. that his
friends avoid him: that he is unable 70
secure the position which he formerly
had: that the young lady with whom be
kept company avoids him. and that ali
the ladies' upon whom he called avoid
him. and that IL has caused him 10 DC
Stunned by his associates. patrons, and
other good and worthy citizens" to his
damage $4,000.
Status of Courts-MaItial.
No officer is authorized but every OFF,
Ger Is forbidden, to constitute officers of
the regular army a court martial to try
volunteer. holds the United States Cir
cult Court of Appeals in the case CT Dem
ing VS.. McClaughry d13 Fed. Rep. s3s)
and The judgment Of sEeh court-martial
against VOLUNTEER is without Jurisdiction.
Misuse of Courts Decision.
The publication Of circulars by a party
to a suit. in which he makes extravasant
claims as to the scope CT the decision
based upon his Interpretation Of the
courts opinion is held by the United
States Circuit Court of Appeals in the
case Of Hobbs Manufacturing Company vs.
Gooding 113 Fed. Rep. 615) not to be or
dinarily such a case OF wrorgdoing as
calls for the courts interference By in
junction, though 1t may probably exer-
else such power in an extreme case.
Bet on Horse Race Recoverable.
Betting on horse races is not illegal in
louisiana. holds the Supreme Court Of
that State in the case Of City Of Shreve-
port VS.. Maloney (s1 So. Rep. 7o2). and
a bet on the result Of a horse race may
be recovered.
Will Not Enjoin Prosecution.
Where State food commissioner charg-
ed by law with the duty Of determining
such matter in the first instance. pub
fishes statements that an article Of food
or drink is adulterated, and that its
sale is in violation Of the laws OF the
State. and threatens prosecution against
those who sell IL. the United States Cir
cult Court of Appeals. in the case Of Ar
buckle vs.. Blackburn 11s Fed. Rep. 31s)
holds that an injunction will not be grant,
ed to enjoin such prosecution whether the
statements OF the food commissioner are
correct or erroneous
Double Commission Allowable.
A recovery Of commissions by real
estate agent from both partiec is held by
the Supreme Court Of North Carolina In
the case of Lamb VS.. Baxter 90 8. e.
Rep., $500 to be justified where he in
formed them that he would charge them
both. and they both agreed to pay him.
Evidence in Murder Case.
A declaration by a person whose throat
was cut. windpipe severed. and, there
fore. speechless, written within from
three to FIVE minutes after her assail-
ant had been pulled away from her. that
Jess Morrison killed me- which appears
to have been spontaneous and not the re- I
suit of premedftation or design. Is held
by the Supreme Court of Kansas. In the |
case of State VS.. Morrison t6S Pac Rep, |
4SJ to be admissible as part Of the res |
gestae.
Elevated Road Damage Decision.
Where an elevated electric railroad is
and operated carefully and |
without unnecessary obstruction. noise. |
Jar, or disturbance. the supreme court OF |
Illinois. in the case of Aldrich Va. Met
ropolitsn & C. R. Co. (63 N. E. Rep, |
1861. holds that the fact that it crosses
a street within thirty-one feet of an ex-
pensive apartment house and obstructs |
the view and passage to the premises.
and that the noise destroys the peace and I
quiet of the premises, Is not taking or
of such private property for pub
lie use within the meaning Of the Con-
stitution. which prohibits such taking
without compensation, and the owner Of
the house cannot recover damages there
for. 4
Executor May Not Be Rejected.
A testator may select his executor. and
unless the selection Is made from . class
Of persons which by common law or stat
ute is excluded from appointment. the su
preme court OF errors of Connecticut. in
the case OF Farmers Loan and Trust
Company VS.. Smith (5i Atl Rep. 609),
holds that the probate court cannot re-
lect the person selected.
Employer Liable for Neglect.
Where an employer undertakes to con-
Sey an injured enploye to his home. and
n SO doing neglects to take the proper
orecaution to cover and protect him. In
of which exposure complica-
ions ensue. causing his death. the su
,reme court of Rhode Island. in the case
If Bresnahan vs.. Sonsdale (Co. 81 Att.
Rep. 62D. holds that the employer is
liable.
i-s-s-:
/ THE CHANT F