Omaha daily bee., 1902-11-21
X.RAY COMPETENT EVIDENCE
Supreme Court Lays Down Broad Rule
Regarding It's Admissibi,ity.
Ass ON SEVERAL INSURANCE PROBLEMS
Among other Things the supreme
Court Declines 60 Follow the Rule
Laid Down by United states
Supreme Court.
From a star corresnondsnt.N

N NaA bAltEDuIuEHls
LINCOLN. Nov. 20.-(Special)-The use
Of the X-rny or cathode picture as a piece
Of competent evidence was o~fncially recog-
nlzed by the supreme court in a decision
handed down at the present term. II had
previously tentatively sanctioned the use
OF these developments OF science, but goes
much farther than ever and broadens the
rule Of other courts materially. 1t says
that to constitute a foundation for the
Introduction OF such pictures IL is not es-
sential that they were taken by a compe-
tent person nor that the condition OF the
apparatus and the circumstances under
which IL is taken we're such as to in
sure an accurate picture, where the object
sought to be shown.
The case is one from Merrick county,
where Frank A. Carlson was defeated in an
effort 20 recover from. Drs e. A. and
Joseph Benton damages for what he con-
tended was an unskilled and negligent
piece of surgery by which the bones of a
broken leg did not unite, and which left
him lame and suffering great pain. The
supreme court reverses the lower court,
and says that the trial Judge was guilty Of
an abuse Of discretion in ruling out the
X-ray pictures. 1t says that the discretion
OF the Judge in the reception OF evidence
is not absolute where the evidence leaves
no room for a difference Of opinions, and
II exercised in a case Of that character It
Is abuse of discretion.
The evidence referred to was given by
three other surgeons, who had examined
the leg both by the picture and by other
means, such as manipulation and touch.
Forfeiture Not waived.
Another vexed point Of fraternal insur-
- a - -
Douglas county. In this the evidence was
that c. w. Adams had been in the habit
OF paying his assessments in a bunch. One
day, while in Lincoln and while he was
under suspension for nonpayment OF dues,
he sent to the financial secretary of the
subordinate lodge at Omaha a money order
for IS. The clerk sent him a receipt and a
blank certificate for his to sign showing
that he was In good health at the time
he paid. This never reached Adams, he had
died suddenly of an apoplectic stroke the
same day It was mailed.
The supreme court says that the mere
receipt Of the money by the financial secre-
tary of the subordinate lodge was not, OF
itself a waiver OF the other conditions for
reinstatement. There was evidence that a
member of the finance committee said to
a son OF the deceased when the latter
showed him the receipt that 1t was a cinch
he would get the money, but the court
holds that neither this nor the subsequent
consideration Of the case by the grand
lodge, although a matter involving some
expense to the benehciaries. we're waivers
of forfeiture.
Handling Means to N
It cost Thomas Doody 81, 900 to carry a
gun one Of his boarders had left behind
him from the dining room of his hotel to a
closet. On the way the gun was acciden-
tally discharged and Thomas lost a hand.
He held an accident insurance policy In the
National Masonic association. Under class
one, as an lnhkeeper, II he lost a hand in
and about his customary business he was
entitled to recover $500; under another
class. II he lost 1t while handling firearms
he could get but $500. The question was,
did he lost 1t while handling firearms?
His counsel contended that this clause
meant II he was carrying a gun about for
purposes OF hunting or for other use. He
insisted that the word handle was syn
onymous with ply, WELD and manipulate.
The insurance company's attorneys quoted
dictionaries to prove that to handle meant
''to touch with the hands" The court says
that the latter definition is the proper one
for this case, that Doody was handling fire.
arms. While the words quoted by counsel
were synonymous with handle" they we're
not verbal equivalents, and that it was not
a question OF which Of two definitions
should be taken. but whether in defining
the word the court should exclude what
certain authorities say it does mean.
Lincoln City Wins suit.
Marie Northduft is not entitled, accord
ing to the supreme court decision, to re-
cover from the city of Lincoln for damages
sustained by a fall on a sidewalk on F
street. between Eighth and Ninth. The dis.
trict court instructed the jury for the city
and one of the complaints was that there
vas evidence that should have gone to the
jury. Mrs. Northdutt's injury was caused
by the fact that her companion stepped or
one end OF a loose board and she tripped
over the raised portion. The walk had
been defective for several years and or
Halloween night before had been picked
up and thrown into the street by boys. The
owner repaired 1t, but did not make It al
wide as before. leaving ends OF the string
ers sticking out. Mrs. Northduft's attor,
neys commended that the walk was an illega.
one and that after she fell her in3uriel
we're caused by coming in contact with the
projecting stringers. The supreme court
holds that II was the loose board and mo-
the projecting ends that caused the fal
and that the latter did not contribute t.
her injury.
COnstrues Bankruptcy Law.
The case OF Hackney. trustee, agains
Hargreaves, from Lancaster county. was re
versed because Of error committed by tn
trial Judge in submitting to the jury tn
question Of a mutual agreement betweei
Erlenborn, a bankrupt, whose trustee tn