The Washington times., 1902-02-24
City Liable for Damages,


A city engaged in the legal duty of re-
pairing its fire alarm system through phi
vate and corporation agencies is held by
the Supreme Court Of Oregon. in the case
of Wagner VS.. City of Portland t67 Pac.
Rep. 3O0) to be acting in its corporate
capacity in the performance of ministerial
acts. and is liable for injuries received
by workman therein.
Classes Postal Robbery.
The Federal statute making the break
ing into a postoffice crime punishable
by fine and by Imprisonment at hard
labor for not more than five years is held
by the United States Circuit Court of Ap-
peais. in the case of Considine VS. United
States G12 Fed. Rep. 342). to create a
purely statutory offence against the op-
GRAFTON of the Government. which was un-
known to the common law. and is there
fore not within the class of crime known
as felonies at the common law and in
the absence of any definition in the stat
ute must be classed as a misdemeanor,
and not felon=." ="
Favors Telegraph Company.
A telegraph company has the right to
establish reasonable hours during which
its office shall be kept open for the
transmission and delivery OF messages.
holds the Court of Appeals of Kentucky in
the case OF Davis VS.. Western Union Tele
graph Company (66 S. w. Rep, 10, and
a rule not to deliver messages received
after p. m. until the next morning was
not unreasonable in a town where the
business of the company was not large
enough to Justify the employment of a
special messenger to deliver messages re-
ceiyed after I .. m.
Suicide InvaIidates Policy
Under a policy of life insurance pro-
viding that it shall be void if the in
sured die by his own act, sane or in
sane the Court of Appeals of Kentucky
in the case of Manhattan Life Insurance
Company VS.. Beard (6s S. W. Rep, 35)
holds that there can be no recovery IL
insured took his life when he had mind
enough to know that the act by which
he did so would probably result in his
death. and ne committed it with the in
tention that it should 10 so. though he
may not from mental arrangement have
known that his act was wrong. and may
not have had the will power to resist the
insane impulse.
Bicycle Light Law Valid.
An ordinance requiring that light be
carried on a bicycle after dark is held by
the Supreme Court of Iowa, in the case of
City of Des Moines VS.. Keller tSS N W.
Rep. S2T. to be constitutional, though
it applies only to bicycles and not to other
silently running vehicles.
Damages for an Insult.
railroad conductor. in a loud and in
sultilg manner, thus addressed a woman
passenger in the hearing of her children
and other passengers: The idea of
woman trying to board a train with her
child without ticket. You can go on
this time, but don't undertake such a
thing again." In a suit for damages
against the railroad the Court Of Civil
Appeals of Texas, in the case of Texas.
etc. railway company VS.. Harrington (66
s. w. Rep, 130. held that the language
was insulting and calculated to humiliate
and mOrtify. and that it implied dishon-
esty in that the woman was attempting
to have her child transported without
paying fd{e Judgment for the plaintiff
was sustained On appeal.
Not False Pretence.
False statements. promissory in their
nature. and not referring to any existing
fact by which money is obtained, cannot
be made the basis Of a conviction for OBJ
tanning money by false pretences. holds
the Court of Appeals of New York in the
case of People VS.. Miller (62 n. E. Rep.
4iS.
Settlement Out of Court.
The parties to a suit can adjust matters
and their rights between themselves and
have a decree entered by consent of all
parties without regard to the state of the
pleadings of evidence in the cause, holds
the Suureme- Court of Appeals of West
Virginia, In the case of Seidler VS.. Union
Manufacturing Company (40 S. E. Rep.
SD and the court at subsequent term
has no power to set aside. alter. or mod
ify it without the consent of the parties.
except only to correct clerical error.
Not an Excessive Verdict.
\ verdict OF $500 for malicious prose-
cution was held by the Supreme Court of
Iowa in the case of Rule VS.. McGregor (SS
N W. Rep. SID. not to be excessive
where the defendant caused the plaintiff
to be twice arrested unjustly on the same
criminal charge.
Principal Is Liable.
A principal who enTusts an agent with
a definite sum, for the purpose of making
a loan to a person known to such prin-
cipal, is held by the Supreme Court of
Minnesota, in the case of Robinson VS..
Sims (sS N ". Rep. Si5l. TO be respon-
sible for the agents unlawful exactions
in violation of the usury laws, and is le
gally charged with knowledge of the con-
duct of such agent in making the loan