Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-12-19
ACKNOWLEDGEMENTS
: Important Decisions :
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LIBEI-ExPREss MALICE.

IIBEL-ISXPRESS MALICE.
A dispute arose between plaintiff,
a plumber and defendant, dealer
in plumbers supplies, as to whether
plaintiff owed defendant an S11 item
in a bill for Sill. Defendant knew
that plaintiff refused to pay for the
item because he thought he was NOT
legally responsible for it, tho he paid
the rest of the bill. Plaintiff suggested
that defendant sue for 1t. Defendant
wrote to the Plumbers Material Pro-
tective Association, who blacklisted
plaintiff. 1t was the custom of the as
ISOLATION, under its bylaws, to black
list plumbers who "unjustly refused or
failed to meet their obligations" In
a suit for libel, it was held that there
was evidence to warrant finding OF
express malice. Is N. Y. Supplement
(Judge Goodrich) sos.
AGREEMENT TO HIRE INJURED
EMPLOYE FOR LIFE.
Where the division superintendent of
a railroad company agreed with an
employe who had been seriously in
jured by it's negligence, in consideration
of a release of his claim for damage
to employ him fer life as a fagman
at a certain crossing, at about half
the wages he had received before he
was injured, and the railroad COM
pany accepted the conditions of the
contract, keeping the release until the
employees claim against it was barred
by the statute of limitations, 1t could
not afterwards object that the con-
tract was not binding upon it for the
reason that the division superintendent
had no power to make it in the abb
sence Of express authority. Neither
Is such contract invalid as being
unreasonable. 112 N. Y. State Rep.
(Judge Hirschberg) sos.
NG--EXPLOSION OF DYNA-
MITE.
A contractor excavating tunnel for
a city is liable for injuries to buildings
owing to the conclusion of the air or
the earth caused by the discharge of
dynamite blasts in the tunnel. how
ever high degree of care or skill he
may have exercised in using the ex-
plosives. The measure of damages is
the cost of placing the building in as
good condition as before the damage.
SIS Northeastern Rep, 249.
NUISANC E-SUNDA BALL GAMES
INJUNCTION.
The noise caused by the shouts,
cheers, and stamping of feet of specta
tors at Sunday ball games, even tho
constituting public nuisance, which
may be dealt with as such, will be en-
Joined at the suit of individuals living
in the neigkborhood; it being such as
to appreciably disturb their rest and
Pitney) ESQ.
SCHOOL REGULATIONS
AWAY TRADE.
A rule OF board of education re-
quiring pupils to go directly home af-
ter school is valid one and one that
may be enforced by the principal of q
school A principal of school, who
goes into a store near school and
orders pupils whom he finds there to
leave and go home, Is not liable in
DANA ges to the owner of the store be-
cause he has driven away trade ana
injured the business thereby. Jones VS.
Cody. supreme court of Michigan, De-
cember 16.
DELERIUM TREMENs, ETC, AS A
DEFENSE TO CRIME.
One who, by reason of disease, is
mentally incapable of knowing the diff
ference between right and wrong with
respect to larceny is incapable of COM
hitting the crime.
One who, by reason Of delerium tre-
mems. is so far insane at the time of
the commission of crime as not to
know the nature of his acts, is not re-
sponsible
One afflicted with fixed insanity as
result Of habitual drunkenness, is
deemed irresponsible for criminal acts
committed by him. Judge Grub, in So
Atlantic Reporter Delaware) 500.