The Washington times., 1902-01-19

! Appeals OF Texas in the case OF Calves
! ton II. & n. Railway Company vs.. New
port (65 S. ". Rep. $50.
In an action to recover for the loss C.
| a leg owing to the negligence CT rail-
/ way company the Supreme Court Of Wis
! consin in the case of Yerkes VS.. Northern
Pacific Railway Company tsS n. w. Rep.
33), holds that Verdict of $4,000 was not
| excessive.
| A drunken man who is killed by train
while walking on 4 railroad track is held
| by the Supreme Court of North Carolina
/ in the case of Hord VS.. Southern Railway
/ Company (46 S. E. Rep, 69), to be guilty
, of contributory negligence, unless ne was
| in an apparently helpless condition.
| While passing along the street a person
was struck and injured by bolt from the
! rail cf railroad track, where a laborer
was engaged in knocking off the nuts aid
| bolts. verdict CT $500 was rendered by
| the jury in favor OF the plaintiff, and the
| Court of Appeals Q<entucky) sustained
| the verdict. TIE court held that knocking
of nuts and bolts in the manner and place
/ at which the injury occurred was neces-
sarily dangerous to persons travelling
| along the street. chesapeake, etc. Ry.
| Co. VS.. Bercaw, 65 S. ". Rep, 4S4)
The Insanity law OF California au-
thorizirg the judge OF q superior court.
on the application Of a relative or friend
of an alleged insane person for his COM
mitment to hospital, accompanied by
4 certificate of Iunacy signed by two
medical examiners. showing that in their
opinion the alleged insane person is actu-
ally insane, to forthwith determine the
question of insanity, and Immediately
commit the person to hospital, is held
by the Supreme Court of California in
re Lambert t66 Pac. Rep, S5D to be void
as depriying person of his liberty
without dUe process of law" in not
giving the alleged insane person notes
and an opportunity to be heard.
partner cannot apply partnership
property to the payment of his indl
vidual liability without the consent of
his copartrcr, holds the Supreme Court
of Nebraska, in the case of UlrIch vs..
McCoLaughey tSS N. W. Rep. 150)
Where the board of aldermen refused to
issue liqucr license on the ground that
the local-option election was invalid the
Supreme Court of North Carolina in the
case of Loughran VS.. City of Hickory 40
S. e. Rep. 46), holds that a peremptory
mandamus to compel such Issuance (ths
election being valid) will be modified so
as 10 require the CI "
consider and pass on the fitness Of the
applicant and decide whether he Is a
prope- person to sell liquor and the place
at which he wishes to sell q suitable
place.
conductor c.. n passenger train Is not
public officer" within the statute which
provides for an appeal in actions where
the defendant in good faith pleads in eX
inc fiIo bor ba ys-as optipO n q
a public officer" holds the Supreme Court
Of Vermont in the case OF Wyman vs..
Hayes (50 All. Rep, 556).
In prosecution for murder the coun-
sci for the defendant accused the prose-
cutting attorney of resorting to tricks, and
the prosecuting attorney replied that ne
did not have to play tricks, as he repre-
sented the good people of the county.
and not murde-ers. thieves. and robbers.
The defendants counsel excepted 10 these
remarks, but the Court of Criminal Ap
peals of Texas held that they did not
constitute error. as they were provoked
by the defendants counsel. Uegge VS..
State, sc 5. W. Rep, 51j)
A patent of the United States is con-
elusive as to the description of the land
granted, and the proceedings on which it's
issuance was based are not admissible
in evidence to impeach or vary it on col
lateral attack, holds the Supreme Court
of California in the case CT Miller VS..
Yrunsky (66 Pac. Rep, S5Sj.
IN actual mineral discovery is essen
tal to the valid location Of q miniut,
claim, holds the Supreme Court OF Caiifor-
MIA in the case of Tuolumne Consolidated
Mineral Company Us. Maier (e6 Pac. Rep,
ScS).