The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-07-15
RECENT LEGAL OPINIONS.
Observation-Disclosures Streets

NEUTRALITY-SUSPICIOUS. Streets
The plaintiff a young lady, was one of a
picnic party consisting Of young men and
ladies. The latter furnished the lunches
and the former the transpoJatiOn-an ON
nibus drawn by four horses. as 10 the hir-
ing and driving of which the ladies had
nothing TO DO The conveyance was over
turned and the plaintiff was injured by the
negligence of the defendant (the city OF St
PauD as TO one of its streets, and the con-
tributory negligence of one of the young
men who was driving at the time. Held.
that his negligence cannot be Imputed 10
the plaintiff. and she could recover against
the city. [s0 Northwestern Rep. (Minn..
Judge Start. 794
Injury to Trespassers-Contrib Neg
ligence.-
Defendant had established a fish preserve
and posted notices as prescribed by the
statute. To protect the fish from poachers
he employed a night Waterman, who was
in the habit of discharging firearms in the
air to brighten off poachers. Plaintiff,
with knowledge of such facts. on a dark
night entered the park for the purpose of
poaching and was injured by bullet fired
by the Waterman in the direction of the
noise made by the plaintiff In an action
against the owner of the park il was held
that IL the plaintiff voluntarily exposed
himself to a known danger he could not re-
cover for the act of the Waterman. though
his act. in defense of the masters property,
was without due care te4 Northeastern
Rep. New York. Judge o Brien). 49,
Observation-Disclosures of Libel
The manufacturers of the Marlin repea L
ing rife brought action to perpetually
restrain defendant the proprietor of a
magazine called Recreation, from pub
fishing ''any article statement, in any
form or under any guise, falsely attacking
disappearing or depreciating defendant
said rifle, or its accuracy. effectiveness
merit or value 1t was held that the pub
LEGATION OF unjust and malicious criticism
of manufactured article in a magazine
cannot be restrained by injunction though
the manufacturer has no remedy at law be-
cause of his inability to prove special dam
ages. [64 Northeastern Rep. (New York
Judge Parker, 1881
Personal Injury-Warning OF Danger
An operator in a mill, familiar with the
machinery and its surroundings. Slipped
while passing between two machines. He
threw out his hand to save himself from
falling and il was caught in the gears OF
one of the machines. There was evidence
showing that the slipping might have beer
caused by the OIL on the floor and that the
place was not we'll lighted. Held, that thu
mere presence of oil on the floor and the
absence of light was insufficient TO hold the
Northeastern Rep. Mass, Judge Nor
tom, 203.
-Peddlers-Sales of Goods by Sample
statute provides that any person wh'
! shall carry from place to place any goods
| etc, offering the same for sale. or wht
| carries a wagon, cart or buggy TO eXhlbi
| or deliver goods is a peddler. Held, tina
| one who travelled on foot, making sales b,
| sample. afterwards delivering the goods
/ travelling on foot. not using a wagon, car
/ or Buggy in any manner. was not peddle
and could not be convicted of peddlini
4 without a license. southeastern Rep
! North Carolina, Judge Clark, 7S5