The Washington times., 1902-01-19

Whether an assault by dog was
| prompted by playfulness or viciousness
| on his part will not be considered in re-
| spect to imposing liability on his owner
| for any resulting injuries, holds the Su-
preme Court of Vermont, in the case of
| Crowley VS.. Troonell. The dog of the
defendant jumped against the plaintiff,
| throwing him down and breaking his hip.
| The evidence was conflicting as to wheth
| er the assault was vicious or playful. The
court charged that a savage disposition
on the part of the dog was not neces-
| sary; that a mischievous propensity was
enough, and that in determining the liza
| bility of the owner it was imma terial
whether the injury resulted from ferocity
or good mature.
The New York law forbidding the use OF
preservatives in dairy products other than
certain kinds enumerated In the law is
held by the Court Of Appeals Of New York,
in the case OF People VS.. BieseckeT (61
y. W. Rep, 990). to be unconstitutional
because absolutely forbidding the sale OF
articles of food containing any preserva
tives other than those excepted in the
act, lEUuBH SUN Ipou Is uOt t-iti ebJ
rendered unwholesome.
A contract between a common carrier
and shipper, for limiting the liability
of the common carrier for loss of or dam
age to the subject OF carriage, to an ar
bitrary sum OF money not fixed with ref
erence to the agreed actual or minimum
value OF the property, is held by the Su-
preme Court OF Wisconsin, in the case
of Ullman VS.. Chicago G Northwestern
Railway Company tSS n. W. Rep, ~,
TO be an unlawful limitation OF liability.
The court also held that a contract be-
tween common carrier and shipper, eX-
empting the former from liability for loss
OF or damage to property received for
transportation, caused by negligence. is
void because contrary to public policy.
In an action for breach Of promise in
Minnesota, a verdict of $4,000 for the
plaintiff was reduced TO $4,000 by the
lower court and the amount was sus-
tanned by the Supreme Court in the case
of Hahn VS.. Bettingen tSS n. W. Rep, 1O).
Saloon keepers have the right to eject
from their places persons who are ere
ating disturbances of the peace, or MAX
ing their houses disorderly, holds the
Court of Criminal Appeals of Texas in the
case OF Driver vs.. State (6o S. w. Rep,
52S). The court said that the law I'M
posed upon saloon-keepers the Guty under
heavy bond, with stipulations, to keep
an orderly house, and for 4 failure to do
so these bonds may be forfeited, or q re-
covery had upon them. 1t would hardly
do 10 hold that the law imposes penalties
upon persons doing licensed business,
and yet that it is beyond thoir power il
a reasonable manner to comply with the
terms OF the license or bond.
In q quarrel between Il passenger on n
train and the conductor. the passenger
struck the conductor. The conductor did
not then resent the assault, but went into
another car. procured n pistol, returned,
and, without further proyocation. violent
ly assaulted the passenger, infiicting
we're injuries. IN n suit for damages
against the railroad company the jury
awarded to the passenger a verdict of
81, 200. The Court of Civil Appeals of
Texas sustained the verdict. and held
that the conductor was the Sagent and
representative of the railroad company.
and his act in assaulting the plaintiff was
the act of such company. and that the
prior assault on the conductor by the
plaintiff, which had terminated was no
defence to the railway company in an ac-
tion for damages. 1GalvcStOn. etc. Rail-
way Company VS.. La Prelle, 65 S. w.
Rep, 1851
The wife and children of a deceased
person have the right, in preference 30
his brothers and sisters. to select the
place Of burial OF his body. AMI to change
it at pleasure, in the absence of any
testamentary disposition OF the body,
holds the Court OF Appeals OF Kentucky
in the ease of Neighbors VS.. Neighbors (G5
S. W. Rep, 60I.)
A verGct of ST., Geo for foot was held
not to be excessive by the Court OF Civil