Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-05-09
gImportant Decisions !
LIABILITY FOR EJECTING PAS
nnA,EnI,n

LIABILITY FOR EJECTING PAS
SENGER.
A street railway company issuing
transfer tickets to passengers under a
mutual traffic arrangement with a con-
Meeting railroad company, acts as the
agent of such connecting company, and
the latter is liable If it elects a passen-
ger who presents a transfer ticket in
correctly punched by an employe of the
first railroad company.
There can be no such thing as a rea-
sonable regulation by a railroad COM
pany which protects 1t against the mis-
takes of It's own agents, which results
in the invasion of an innocent passen-
gers rights.
The good faith of a conductor In
ejecting q passenger presenting a
transfer ticket hat is incorrectly
punched affords no protection to the
railroad company in whose employ
ment he acts. (Jacobs vs.. Third Ave-
nue. Railroad Company, New York SUI
preme court, April, 1929
LABOR UNIONS.
Where a labor union refuses to per-
nit it's members to work with fellow
servants who were members of n rival
organization, and notifies the employer
of that fact, and that a strike will be
ordered unless such servants are dis
charged, with intent to secure only the
employment of approved workimen, or
to secure the employment of it's mem-
hers on their own terms, and the m
ployes objected to are discharged,
neither they nor the organization of
which they are members have a right
of action against the union, provided
that no force Is used or unlawful act
committed. 60 Northeastern Rep, 800.
PLACE OF RESIDENCE.
A farmer who, to give his children
school facilities, takes a house in town
in which he places some of his house,
hold effects and lives there with his
family. is held, by the supreme court Of
Kentucky not to be subject to taxation
there, where he keeps his country
house at all times in readiness to re-
ceive the family and performs his du-
ties as a citizen where his country
house is located, claiming hat as his
home. 81 Lawyers Reports Annotat-
ed, GA.
INJURY TO PASSENGERS.
Where a girl takes passage on d
steamboat, and is drowned upon reach
ing the point at which she expected TO
leave the BOAT in an attempt to trans
fer her to a skiff, the burden of proof
rests on the carrier to show that such
occurrence did not result from the
fault of his officers or representatives.
There is danger in attempting such
transfer at night, and while the boat
was in motion, of which the carrier
ought to be aware, and to which he has
no right to subject an ignorant and in
experienced passenger; and In so doing
he assumes the risk Of the conse-
quences.
The damages recoverable by the sur
yiying parents for the loss by drown
ing of their daughter, aged Is, may In
clude expenses incurred in finding and
hurying the body, loss of services and
flial offices, as also the amount which
the daughter herself was entitled to re-
cover at the moment of her death. 81
Southern Rep. (La, Judge Monroe)
766.
UNSTAMPED INSTRUMENTS.
A note, tho not stamped as required
by the United States internal revenue
law, is admissible In evidence In a
state court. The grant under the fed
eral constitution ~(article 4, section ID,
Iconferring on congress the power to
prescribe the manner in which the pub
lie acts, records and judicial proceed
ings of the several states shall be
proved, excludes the idea of the au-
thority Of congress to prescribe rules
of evidence for the state courts in 9TH
err cases. (Grif1n Lumber Company VS..
Myer, supreme court of Mississippi,
April, 1902.)