Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-05-03
5 Important Decisions
PERSONAL INJURY.

1t is common knowledge that in 81
thickly populated city there is always
danger to life and property from run
away animal, and those who endeavoi
to stop it, even in the absence OF I'm
mediate pending danger. may not b
charged with contributory negligence
unless that act can be characterized as
rash and reckless. If such act would
have been performed by person exer
cising reasonable care and prudence
measured by the circumstances, 1t Is
NJ: negligence as matter of law, and g
case is presented for the jury.
The facts in this case were peculiar
Defendants horse and wagon, unhitch
ed and unguarded, We're left standinG
by the driver. Four elephants, beine'
driven down the street, frightened tn
horse, which ran away. AS the horse
was passing a blacksmith shop, the
blacksmith rushed out and succeeded II
stopping the runaway, but received in
]uries from which Geath resulted. His
WI low brought suit against the ownel
Of the horse and recovered damaFea
the court laying down the propositions
of law stated above. (Manthy VS.. Rat
enbeuhler, N. Y. supreme court, APP
pellate division, April 1920)
WlLLS-FORMALI IN SIGNING.
a will was signed by 8 testator while
sitting up in bed III o ro' m fifteen feet
square. The will was then laid on a
table in front Of and within ten feet
of testator and signed by three wit
nesses. 1t was held that the will was
signed in testators presence, within the
meaning of the statute, altho some part
or all of the paper was obscured by the
body of the witness while signing. MIR.
Justice Carter. who delivered the opfn-
ion of the court, states that 1t is not
necessary to valid attestation that
the testator must be able to see the pen
and the letters composing the witness
name as the former is held and the lat
ter are traced by the subscribing wit
ness. II he can see the act of attesta-
ten. that is, can see enous h OF the act
of signing to know that the witnesses
and the will are in his presence and
that the former are at the time signing
their names at witnesses to his will in
act ordance with his request, that will
be sufficient. On re Edward Tobin, de-
ceased, supreme court of Illinois, April,
1920
EXCAVATIONS IN STREET.
/. Where the abutting owner or
those under him, find it necessary, in
the Improvement of the property, to
make excavations In or along city
street, 1t becomes their duty to exercise
reasonable care to properly guard the
excavation to prevent accident.
2. In the erection of a fence to guard
such excavation, the owner is required
to make 1T sufficiently secure to with
stand any wind that a reasonable pru-
dent man ought 10 have anticipated in
building fence. If it fall, causing in
jury, only because the wind was of such
extraordinary violence or unusual
character that ia reasonably prudent
man would not have anticipated it, the
owner is not liable for the injuries
which result. 81 Atlantic Rep. IN. j.,
Judge Hendrickson) 721.
BICYCLES.
Failure of muri,lpsl corporation to
enforce it's ordinance regulating and
limiting the speed at which bicycles
may be ridden thru its streets is held,
by the supreme coul: Of Maryland, in
recent case, to render it liable to a pc
destrian knocke. down by Il bicycle
which is being ridden at an i-lmoderate
and unlawful rate of speed 54 Law
yers' Reports Annotatei, $40.
ILLEGITIMATE CHILDREN.
An illegitimate child is held, in
Massachusetts case, not to be child
or relative Of her father, as those words
are used in stntute designating the
p. rsons who may be benefciaries in
certificates of a mutual benefit associ>
alton. 81 Lawyers Reports Annotated,
214