The Washington times., 1902-03-30
LEGAL DECISIONS OF INTEREST
TO LAWYERS AND LAYMEN

A railroad company, in pursuance of a
contract to care for its sick employees.
took charge of an employe afflicted with
smallpox and hired a nurse and watchman
to care for him. Through the negligence
of his attendants he escaped while delir-
ious and communicated the disease to n
family consisting Of three persons. These
brought suit against the railroad com
pany for damages. and cn appeal the Su-
preme Court Of Texas missouri. etc.
Company VS.. Wood. 6S S. W. Rep. 449).
held that the railroad company was Ii
able; that it owed to each individual
member Of the community the-tluty TO
prevent the spread of the disease. and
was liable for the failure OF its agents
to exercise due care to prevent the es-
cape of the smallpox patient.
Betting Contract Illegal
partnership for the purpose Of breed
ing. training and racing horses fer purses
IS held by the Court of Appeals of Ken
tucky. in the case OF Central Trust aud
Safe Deposit Company Us, RespaSs (66 5.
W. Re2., 42D, to be iseal, and an &C
counting between the partners fer that
part of the business may be settled By
the court. But a partner in the business
of racing horses is not entitled in a set
tlement. TO credit by money lest and paid
by him on a bet made for the FIRM. since
betting upon race horses is Illegal: nor
Will court entertain bill for en- ac-
counting between partners in the case of
a partnership for "hookmaking." or Of
making wagers on horse races, as this
business is illegal.
Can't Use the Name.
After both pancreatin and pepsin had
been discovered and named. and their
effects as aids 20 digestion had been in
vestigated, and the results of such in
vestigation had been published to the
world for several years, the United States
Circuit Court OF Appeals in the case Of
Searie G. Hereth Co. VS.. Warner 112
Fed. Rep, 674). holds that a manufactur-
er of a digestive preparation could not
adopt ''Pancreopepsine,' combination of
such names. as a trademark, and thereby
prevent the use of such names, or COM
bination thereof, by other manufacturers
of similar digestive preparations.
Must Pay Customs Duties.
hospital, with incidental educational
features, such as the training of nurses,
and the instruction of medical students.
is held by the United States Circuit Court
of Appeals in the case of Massachusetts
General Hospital VS.. United States 112
Fed. Rep, 670), not TO be an institution
Incorporated or established solely for edu-
cational purposes, nor college, academy,
school, or seminary of learning, within
the meaning of the tariff act of-1SS7, and
surgical instruments or appliances i'm
ported By such hospital for its use are
not entitled 10 admission free OF duty.
Powers of Townchips.
An act Of the officers or agents Of mu-
nicipal corporation, such Us is a township
in this State, which is in excess of the ex-
press CT implied powers of such corpo-
ration, is held by the Supreme Court Of
Kansas. in the case CT Chicago. etc,
Company KS. Sugar Loaf Tip Isl Pac. Rep,
63D, to be absolutely void and imposes no
obligation upon it; but az act which in it
self is well within such powers is binding
upon il. if executed where the only o5jec-
tion thereto is that it was not performed
in the manner or at the time designated
in the statute.