The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-03
RECENT LEGAL OPINIONS.
Personal Injury-Stopping Runawa
Horse

Personal Injury-Stopping Runaway
Horse
1t is common knowledge thai in a thickly
populated city there is always danger to
life and property from a runaway animal.
and those who endeavOr to stop it, even in
the absence of immediate pending danger,
negligence. unless their act can be char
acterized as rash and reckless. If such act
would have been performed by a person
exercising reasonable care and prudence.
measured by the circumstances, it is not
negligence as matter of law, and a case is
presented for the jury. The facts in this
case were peculiar. Defendants horse and
wagon, unhitched and unguarded. were left
standing by the driver. Four elephants, be-
ing driven down the street, frightened the
horse, which ran away. As the horse was
passing a blacksmith shop, the black
smith rushed out and succeeded in stop
ping the runaway, but received injuries
from which death resulted. His widow
brought suit against the owner of the
laying down the propositions of law stated
above. IManthy VS.. Rauenbeuhler, N. Y.
Supreme Court, Appellate Division. April,
1927
-WiIls-Formality in Signing
a will was signed Dy a testator while sit
ting up in bed in a room fifteen feet square.
The will was then laid on a table in front
OF, and within ten feet OF. ~testatOr and
signed by three witnesses. 1t was held that
the will was singned in testator's presence,
within the meaning of the statute. al
though some part or all OF the paper was
obscured by the body of the witness while
signing. Mr.. Justice Carter. who delivered
the opinion OF the court. states that il IS
mot necessary TO a valid attestation that
the ~testator must be able TO see the pen and
the letters composing the witnesses name as
the former is held and the latter are traced
by the subscribing witness. If he can see
the act of attestation-that is. can see
enough of the act OF signing to know that
the witnesses and the will are in his pres
ence and that the former are at the time
signing their names as witnesses to his will
in accordance with his re~quest-that will be
sufficient. lin re, Edward TObin, deceased.
Supreme Court of Illinois, April, 1927
Excavation in Street-Insufficient Fence
l.. Where the abutting owner. or those un-
der him. find il necessary, In the improve
ment OF the property, TO make excavations
in or along a city street. ii becomes their
duty 10 exercise reasonable care 10 proper
~ guard the excavation 10 prevent acct
dent. 2. In the erection of a fence TO guard
such an excavation. the owner is required
10 mak IL sufficiently secure 10 withstand
any wind. that a reasonably prudent man
ought TO have anticipated in building such
q fence. II il fall. causing injury, only be
cause the wind was of such extraordinary
violence or unusual character that a rea-
sOnably prudent man would not have antic-
ipated IL. the owner is not liable for the
injuries which result. l51 Atlantic Rep. IN.
J.. Judge Hendickson), 721.l
-Bicycles-Regulation of Speed
Failure of a municipal corporation TO at
tempt 10 enforce its ordinance regulating
and limiting the speed at which bicycles
nay be ridden through it's streets. is held
by the Supreme Court of Maryland. in "A re-
cent case. TO render IL liable 10 a pedestrian
knocked down by a bicycle which is being
ridden at an immOderate and unlawful rate
OF speed. I54 Lawyers Reports Annotated
940.J
-Illegitimate Children Distribution OF
Property
An illegitimate child is held. in a Massa.
chusetts case. not TO be "A child or relative
OF her father, as those words are used in a
statute designating the persons who MAJ