The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-06
RECENT LEGAL OPINIONS.
-Telegraphs-Delay in Delivering Mes
SageS.-

-Telegraphs-Delay in Delivering Mes
sages.-
North Carolina statute provides that
no judge. in giving a charge to a jury,
shall give an opinion whether a fact is
fully or sufficiently proven, but that he
shall state the evidence in the case and
declare the law thereon. In action
against telegraph company for delay in
delivering message by messenger boy
the court charged that ii was the duty or
the telegraph company TO use reasonable
diligence in the transmission of messages
and that by the term reasonable diligence"
was not meant the speed of lightning, ex-
cept IN the transmission of the message
over the wire, on the one hand, nor the
proverbial slowness of the messenger boy
on the other" Held. that the quoted por-
ton OF the instruction was error and that
new trial should be granted. l42 South
eastern Rep North Carolina, Judge Mont
gomery), 534.
Labor Unions-Procuring Discharge of
Employe.-
The case of National Protective Associa-
tio7 OF Steam Filters and Helpers VS.. Cum
ming, decided lately, is an action brought
by members of the Steam Filters Associa-
ton, who were discharged because men,
bers OF rival union refused to work with
them. and notified their employer that a
strike would be ordered unless such serv-
ants were discharged, the intention being
TO secure the employment only of the mem
DerS or the rival union. The court holds
that no action will lie i'm such case, as
an employer has the right to hire or dis
charge at will and the workman has the
right to work or refuse to work at will,
and no liability attaches because the en-
ployer discharges simply at the request of
the rival union. I6S Northeastern Rep, $685.
-Contracts-Implied Agreement to Pay
Board
Under a statute providing that any per-
son other than the keeper OF tavern or
house of private entertainment who shall
entertain another in his house, not making
an agreement for compensation therefor.
son so entertained, or against his estate,
there can be no recovery for board by
person other than a keeper of tavern or
of a private house of entertainment unless
it was understood by the parties that the
host was to demand pay and assented to at
the time. l69 Southwestern Rep. (Ken-
lucky, Judge O'Rear), ISL
Short Weights-Recovery of Overpay-
ment.-
Where party purchasing linseed oil for
period of five years accepted and paid for
1t on a basis of $50 pounds per gallon,
knowing all the time that 1T was the Gus
tom among oil manufacturers to deliver
that number of pounds to a gallon, he was
not thereafter, on discovering that a law
of the State fixed the weight of a gallon of
linseed oil at 7.16l pounds, entitled to re-
cover from the seller overpayments made
by reason of the short weight, nor to have
untitled contracts filed or the basis of
1851 pounds to the gallon. [64 Northeastern
Rep. illinois. Judge Hand, 1872.
-Services-Implied Agreement to Pay
Therefor
Where a cashier of a bank collects divi-
dends from stock and interest coupons on
bonds for thirty years for a large stock
holder and depositor in the bank without
any agreement or claim for payment of
the services. il will be presumed that the
service was rendered as friendly act
But where power of attorney is given
for the entire management of ones invest
ments an agreement to pay for the serv-
ices may be implied. [53 Atlantic Rep
(Rhode Island), o5.1