Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-11-17
( Important Decisions ;
EJEcT1NG PASSENGERS.


Where one attempting to steal ride
on a moving train had caught the han
dies on a car, and swung himself clear
of the ground, when a brakeman threw
Il lump of coal at him, and in lodging
he lost his hold and was injured, it was
for the jury to say whether the brake
mans act was a reasonable and proper
method of ejecting the trespasser, and
whether the act was the approximate
cause of the injury. If the jury decide
that in ejecting the trespasser the
brakeman uses an unreasonable meth
cd. calculated to increase the tres
passer's danger, the railroad company
is liable for the injuries sustained.-1S
New York Supplement Judge Hirsch-
berg), 1874.
DEFECTIVE PREMISES.
tenant slipped on ice formed in a
hallway in the leased building the night
before and was injured. The ice was
formed from water dripping from de-
fective pipe, which defect had existed
for some days with the knowledge of
the janitor. Held, that the liability OF
the landlord was determinable by the
diligence required in removing the de-
feet in the pipe. and not by the dill
gence required in removing the ice-112
New York State Rep, 141.
TRANSACTIONS WITH RELATIVES.
Transactions between relatives, as
for instance the execution of chattel
mortgage to secure claimed indebt-
edness, by reason of which strangers
who have sold goods to some of such
relatives will be deprived of payment
therefor, will be scrutinized very close
ly, and the good faith of the same must
be clearly established. If no consid-
Grafton is shown for the notes secured
by such chattel mortgage, the mortgage
will be set aside as a fraudulent con-
veyance.-91 Northwestern Rep. (Ne-
braska, Judge Duffie), $50.
MALICIOUS PROSECUTION.
A person who suspects another of
having committed an offense is bound
to verify his suspicious by such inquiry
as reasonable care and prudence would
suggest under the circumstances before
beginning a prosecution. He need not,
as a general rule, call upon the person
suspected to give AN explanation, espe-
eially where there is no reason to be-
terially alter the opinion produced by
information already acquired. If he can
show that he had probable cause upon
which to base his suspicious, he is not
guilty of malicious prosecution.-91
Northwestern Rep, S53.
MAGNETIC HEALING.
A magnetic healer advertised as such
and styled himself professor" He was
not a graduate of any medical school.
and had no license. He had practiced
magnetic healing for several years. He
diagnosed cases entirely by the nerves.
On certain day a patient came to him
to be treated for lame ankle. He dag
nosed the case as rheumatism, and
gave treatment which consisted of
rubbing the afflicted parts. He charged
and was paid 81 for the treatemnt.
Held, that he was guilty of violating a
statute making it unlawful for any per-
son to practice medicine without first
obtaining a license so to do.-64 North
eastern Rep. Gndiana). 500.
LIQUORS-NUISAN
The supreme court of Maine, in a
late case, holds that in that state it has
been settled by common consent, ex-
pressed in both legislative and judicial
action. that all buildings, shops or
places where intoxicating liquors are
sold for tipping purposes, and all
places of resort where Intoxicating liq-
uors are kept. sold or disposed of in any
manner not provided by law, are COM
mon nuisances, that is, are hurtful to
the peace, safety, health or morals of
the people.-53 Atlantic Rep. (Maine,
Judge Emery, lis.