The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-19
Record. Assignment of errors. Waiver of
RECENT LEGAL OPINIONS.
Agreement to Hire Injured Employe for
Life

Agreement to Hire Injured Employe for
Life
Where the division superintendent of a
railroad company agreed with an employe
who had been seriously injured by its neg
ligence. in consideration of a release of his
claim for damages, 70 employ him for life
as fagman at a certain crossing, at about
half the wages he had received before he
was injured and the railroad company &C
cepted the conditions of the contract, keep
ing the release until the employees claim
against 1t was barred by the statute of linn
iitations, it could not afterwards object
that the contract was not binding upon it
for the reason that the division superin
70 In ine
a contract invalid as being unreasonable.
Zip N. Y. State Rep. Judge Hirschberg),
NEUTRALITY-SUSPICIOUS. Malice
A dispute arose between plaintiff. a
plumber, and defendant, dealer in plumb
ers' supplies. as to whether plaintiff owed
defendant an 81 item in a bill for $111 De-
PENDANT knew that plaintiff refused to pay
for the item because he thought he was
not legally responsible for it, though he
paid the rest of the bill. Plaintiff suggest
ed that defendant sue for it. Defendant
wrote to the Plumbers Material Protective
Association, who blacklisted plaintn IL
was the custom of the association, under
its bylaws, to blacklist plumbers who "un-
cations" In suit for libel 1t was held
that there was evidence to warrant find
ing of express malice.-l1S n. \. supple
ment Judge Goodrich), 505.l
-Delirium Tremens. etc. as Defense to
Crime
One who by reason of disease. is mental
ly incapable of knowing the difference be-
tween right and wrong with respect to lar
ceny is incapable of committing the crime
One who, by reason OF delir1um tremens,
is so far insane at the time or the commis-
sion of a crime not to know the nature
of his acts, is not responsible.
nx,A HsntA sfl, Cd fr1co yaff q a O.
suit of habitual drunkenness is deemed IT.
responsible for criminal acts committed by
him.-[Judge Grubb in So Atlantic Report
er (Delaware), 365.
School Regulations Driving Away
rule of board of education requiring
pupils to go directly home after school Is a
valid one and one that may be enforced
by the principal Of school principal OF
a school who goes into a store near school
and orders pupils whom he finds there to
leave and go home is not liable in damages
to the owner of the store because he has
| driven away trade and injured the business
| thereby.-[Jones VS. Cody, Supreme Court
| of Michigan, Dec. 1871
neutrality-suspicious. of Dynamite
A contractor excavating a tunnel for a
| city is liable for injuries to buildings owing
to sse T OF she Of a
in the tunnel, however high degree OF
| care or skill he may have exercised ir
using the explosive. The measure of dam
! ages is the cost of placing the building In
as good condition as before the damage
les Northeastern Rep, 249.
Nuisances-Sunday Ball Games-Injunc
| ton
The noise caused by the shouts, cheer:
and stamping of feet of spectators at Sun
| day ball games, even though constituting 9
public nuisance, which may be dealt will
| as such, will be enjoined at the suit of in
! dividuals living In the neighborhood it be-
| ;,,o oh, IN iah OF,
rest and quiet.-I53 Atlantic Rep. IN. j.
| Judge Pitney), 2S9