Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-04-07
LATE JUDICIAL DECISIONS.

One who makes an excavation upon
his land is held in Savannah F. & w.
X. Company VS.. Beavers (Ga) "a L.R.
A. 3l4, not to be bound to so guard 1t as
to prevent injury to children who come
upon the premises without his invita-
ton, express or implied, but who are
induced to do so merely by the alluring
attractiveness of the excavation and
it's surroundings.
In case defendant once resident
of the State departs and resides out of
it before a personal judgment against
him, the time of his residence abroad
Is held in Hogg VS.. Hartley CIV. Nao
81 L. II. \. 2l5, not to excuse the. judg-
ment from the statute of limitations,
although he was Il resident when the
cause of action on which the Judgment
rests arose or accrued.
An attachment levied on real estate
fraudulently alenated by the attach
ment debtor, even though the legal title
of record is in another, is held in Wes-
tervelt VS.. Hagge (Neb.) "a l.. II. a. 1913,
to create a lien in favor of the attach
ment creditor upon the interest of the
debtor in the land attached, which he
may enforce by appropriate proceed
ings after recovering Judgment.
One who beat horse in violation of
the statute for prevention of cruelty to
animals is held in Osborne VS.. Van
Dyke Uowa) 81 l.. r. A. 367, not to be
able to escape liability for an injury
caused by blow falling on a bystand-
er. on the ground that he used reason
able care to avoid the accident. which
was caused by the sbying Of the horse
and the slipping Of his own feet, and
that such result Of his acts was not
anticipated.
The owner of an uninclosed lot ada
cent to highway in a thickly popu-
lated part of city who leaves UNI
guarded thereon heavy section of &C.
ment pipe Of unstable equilibrium,
which is an attractive plaything for
children to roll about, and who knows
that they resort there for that purpose.
is held. In KopplekOm vs. Colorado Ce-
ment Pipe Company (Colo.) "a l.. Il. A.
2S4. to be liable to a child who is in
jured by the pipe topping over on him
while he is playing with it.
A municipal corporation owning land
on a navigable lake and it's non-naviga-
bic outlet Is held in New Whatcom VS..
Fairhaven Land Company (Wash.) "a
pirate the waters Of the lake for mu-
nicipal water supply, even under per-
mission of the State, to the injury of q
riparian owner whose rights vested be-
fore the adoption of the State Consti-
tuition, which asserted ownership in
the State of the beds Of navigable
lakes, but provided that it should not
debar any person from asserting his
claim to vested rights.
Where a man of 80 years of age, of
more than ordinary intelligence, en-
ployed about a railway cOmpany's shop
for ,nOre than three years, and for more
than year accustomed to assist in
raising tanks from the floors Of locomo-
tive tenders by the aid of lifting Jacks,
In attempting to reach certain blocking
to support the tank, placed his head
and arms under such a tank, one end
of which he had raised and left sup
ported by jack only, which slipped
and let the tank fall upon him, causing
his death, he was held to have been
negligent and especially where it APP
peared that by few steps he could
have procured the blocks without dan
ger.