Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-09-25
: Important Decisions
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OBSERVATION-DISCLOSURES
DANGEROUS DEPOT GROUNDS.
A railway company having station
at given point, by implication invites
persons to come upon the premises
for business, and it is the duty OF the
company to be reasonably sure that
it is not inviting them into danger,
and to that end the company must use
care and prudence to render the prem
Uses safe for the visit.
It is negligence for a railway COM
pany to allow a freight train on
side track to block the crossing or
passageway over such sidetrack to the
depot of the company at time when
a passenger train Of the company is due
at the station, so that persons desir-
ing to take passage on such passenger
train can not reach the depot In time
to purchase tickets and get aboard such
train. 60 Pacific Rep. Oklahoma,
Judge PancoasD 933.
KNOWLEDGE OF CONTRACT.
An applicant for insurance, who ac-
|cepts policy the provisions Of which
are plain, clear, and free from all
ambiguity, is chargeable with knowl-
edge of it's terms and legal effect. 1t
is the duty of the assured to read and
know the contents Of the policy before
he accepts it, and where he fails or
neglects to do so, he is estopped from
denying knowledge of It's terms and
conditions, unless he alleges and proves
that he was induced not to read the
policy by some trick or fraud Of the
other party. 50 Pacific Rep. (Okla-
homa, Judge Hainer) 936.
SALE OF DEFECTIVE ARTICLES.
Where machine is sold accompan-
lied by warranty as to it's fitness, and
the machine delivered and part Of the
purchase price paid, If the machine
does not come up to the standard war;
ranted. the purchaser has two rem
edies at his election. he may keep the
machine and recover in damages the
difference between the price agreed to
be paid and the actual value OF the
machine, together with fair compensa-
ton for the loss incurred by an effort
in good faith to use 1t for the purpose
warranted; or he may promptly re-
turn the machine as soon as he dis
covers the defects, and recover the
consideration paid, or offer to restore
the same on condition that the seller
shall return all received by him. 6s
Pacific Rep. (Oklahoma, Judge Bur-
ford $50.
FRAUDULENT CONVEYANCE.
Where merchant sells his goods
to one residing In another town, and
the latter informs all parties interested
OF the purchase, and files the bill Of sale
in the town clerks Office, and removes
the sign of the seller from his store
lit is sufficient change of possession
Of the goods sold, tho the seller is re-
tanned thereafter as an employe Of the
purchaser In the business.
Evidence that the purchaser expected
that the vendor would ultimately re-
purchase the property was not sufi1-
cient to change the bill of sale into a
mortgage. a N. Y. Supplement. 945.
SEAMEN-RIGHTT TO CHASTISE.
A captain of vessel may infict
moderate chastisement on a member of
his crew for disobedience Of orders,
and a single act OF such kind, which
does not exceed the bounds of moder-
alton, will not justify the seaman in
leaving the vessel before the expiration
Of his term Of service, in the absence
OF threats of great bodily harm or
some other reason to apprehend ex-
IRENE danger to his personal safety II
he remains. lie Federal Rep. Gala
bama, Judge Toulmin) PIP.
RANDOM OPINIONS.
A "blind tiger" is place where
Intoxicating liquor is sold in violation
of law. IS Tex. Civ. APP, 296.
Legal offenses are crimes and mis-
demeanors enacted by the legislature"
10 Hun (New York; 337
"A steer is an animal of the COW
kind So Alabama, $50.