The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-04-26
Unfair Business Competition-Con-
-spiracy-

Unfair Business Compettion-Con-
-spiracy.-
An interesting case has been decided by
the Court of Appeals of West Virginia, in
volving the liability for damage done in
the pursuance Of an alleged conspiracy to
ruin the business Of a competitor. The
court holds that one may. without liability.
in furtherance of his own interests in the
competition of business. establish any bust
ness in competition with another, and may
induce customers of that other TO with
draw their patronage from him in order
10 obtain the business for himself, although
IL injure and is intended to injure the other
person S business; provided there is no con-
tract between such other person and the
customers The motive of the person so
doing, though malicious is not material.
If his acts are lawful. The court cites the
case OF the farmer who dug hole cutting
off underground water which was accus-
toned to percolate and ooze through the
lands of neighbor, and ii was held that
he was not liable, though he did the act
with malice, for he had the right to use his
land as he pleased. Nv. Va. Transp. Co. VS..
Standard Oil Co, Chicago Legal News.
April 19.l
Street Purposes-Electric Railways
An owner of a city lot, whose title in
cludes the fee of the street, may restrain
an electric-railway company from laying its
tracks in the street in front of his premises
until it has acquired from him and paid
Tor the right to do so. The right of the
public TO use the street for street purposes
does not include its use by an electric rail-
way, and such a use is an additional bur
den TO the property rights of the adjoining
owner. I27 n. Y. Law Journal, 165
Agreement Not to Prosecute-Validity.-
A young man had embeZzled money from
his employer The father, in order that
the matter should never be heard of any
more gave the employer a note to cover
the money so embezzled. and the employer
agreed TO retain the son in his establish
ment for a named period. The son COM
mtted further embezZlement, the note was
not paid and suit was brought on il. 1t
was held that contract based on a prom
Use to conceal a crime which has been COM
mitted is void. and the amount due on the
note could not be collected. Whenever Il
crime is committed, and especially one that
involves moral turpitude, the public good
calls for a prosecution of the guilty party,
and any effort TO prevent the punishment
OF the onender by suppression or conceal
ment is opposed to public policy. [31 South
ern Rep. Gala, Judge DowdelD, 719.l
Street Railways-Rights OF Passengers
An assault by street-car conductor on
a passenger because the latter, after being
carried past his station, in order to stop
the car pulled the bell rope so hard that
he broke it, and jerked the conductor
several feet along the car floor, is held, in
pany liable. [54 Lawyers Reports, 1871
Constitutional Law-Newspapers-Pu Public
Printing
A statute prohibiting the letting of pub
&c printing to papers which have been es
tablished less than a year is held bv
the Supreme Court of California. to violate
the constitutional provision that all laws
of general nature shall have uniform OPP
Grafton, and that no citizen shall be granted
privileges which upon the same terms shall
not be granted to all citizens. [5i LAWYERS
Reports. I'll