Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1902-04-14
SOME POINTS OF LAW.

jury commissioner Is nelu by the
Supreme Court of New York. special
term, Kings County. in the case of
Bremen GO N. Y. Supp. 744). to be
local officer as an aid to the court, aid
ing in the administration of justice
within a prescribed territorial linita-
ton, and not county officer.
The right of a street railway com
pany to cross a railroad where that
crosses a street without any condemna-
ton proceeding or paying any damages
to the railroad company is sustained
in Southern Railroad Company vs.. At
lanta X. Il T.. II. Co. Ga.) 81 l.. X. y.
125. following the doctrine of the au-
thorities in note in 20 l.. r. \. 49,.
a statute making it unlawful to add
water or any other substance to milk
that is intended for sale. is held. III
State VS.. Schlenker QowM, II l.. II. y.
347. to be a constitutional exercise of
the police power. even if the sub
stances added are not injurious or used
with intend to defraud, but are merely
for the purpose of preserving the milk.
An agreement by corporation or
ganizel to take the property and carry
on the business of copartnership. by
which it binds itself to pay all the
partnership debts. is held in Morgan
VS.. Randolph-C Co. Comm, 81 L.
II. A. SOB, to be rnenfOrceable in an
action at law by a creditor of the CO.
partnership. since he was not party
to the contract and it was not made for
his benefit.
| a street railway company which has
constructed, and is legally operating
line of railway in the streets of city
is possessed. holds the Supreme Court
of Georgia, in the case of Atlanta
Railway and Power Company VS.. At
Rep. 12), of such Il property interest
as gives it legal right to maintain an
application to restrain a similar com
pany from interfering with its line of
tracks already laid, and from CON
structing line of road over its private
property without authority of law. To
such an application the city is not a
necessary defendant.
In the case of Newark VS. Board Of
Taxation. 40 Att. Rep. 52o. the Supreme
Court of New Jersey considered the
question of whether n street railway
company has such an interest in the
soil of the highways over which it
passes as is taxable as real estate.
After reviewing number of cases
from other States. the court decided
that the railway had such an interest
for the purpose of taxation. The court
holds that the railway, by its charter.
is given the exclusive right to use GER
tain parts of the highway, and has laid
in the soil the foundations for its
tracks, and has planted its poles. and
uses the ground to the exclusion of any
other person who might desire to oc-
cupy the same. The company has Il
grant Of part of the public estate for
its own permanent. exclusive use ANA
this is an interest in real estate.
A railroad company is not under the
same obligation towards its passengers
as prevails on ship-board. and is not
required to furnish physicians or
nurses to attend the sick on their jour
neys However. much can AMI must
be done to alleviate the pains and
aches of sick passenger on Il moving
train. While the train is in motion the
passenger is utterly helpless except
from those on the train. His fellow
passengers owe him no duty except
humanity. BY taking passage and pay
ing his fare the relation of common
carrier and passenger is established be-
tween the company and himself. and
as he is under the control of the com
pany for many purposes. it would seem
to follow as Il necessity Of the situation
that those who have received his
money should assume the obligation of
taking reasonable care of him in case
of sickness while on the train. This
obligation is on the company not only
for the benefit of the sick passenger,
but also for the comfort. and some
times the safety, of the other possen-
gers.