The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-05-20
RECENT LEGAL OPINIONS.

-Railroads-Agr Not to Pay Fare
One who. knowing that a conductor has
no authority TO grant free transportation,
enters and rides upon his train, with the
deliberate intention not to pay fare, under
an agreement or tacit understanding with
the conductor that he shall ride free, COM
mits fraud upon the railroad company,
and is not passenger, but is a mere tres
passer to whom the only duty of the COM
pany is to abstain from willful or reck-
less injury. In the absence of any rule or
practice permitting freight trains TO carry
passengers, the presumption is that one
riding for his own convenience on a freight
train. engine, handcar or any other
carriage OF railroad not designed for the
transportation of passengers, is unlawfully
there. TIA Federal Rep. (Kansas), 123.1
-Duress-Threats of Prosecution
When the wife of a defaulter is threat
ened with the prosecution of her husband
unless she deeds all her property to those
from whom her husband has defaulted,
which she refuses to do, but afterwards,
while he is alive and subject TO prosecution,
deeds a portion of her property on the re-
newal of the request, the deed is void, mas
much as il is induced by duress The fact
that the wife lived two years after making
the deed and expressed satisfaction at the
acceptance of the deed and the avoidance
of disgrace, not sufficient ratiica tion
to validate the deed, the husband being
still living and subject TO prosecution. [31
Southern Rep. CMissssippD, S15.l
Carriers of Goods-Delay in Transporta-
1t is the duty of a railroad. or other COM
mon carrier, TO transport freight or live
stock delivered to il as expeditiously as
possible. Evidence that il took twenty
four hours to transport cattle TO certain
place, when the usual time was from thir-
teen to fifteen hours, and that the train
was delayed. at more than one place from
two TO four hours, is sufficient TO raise
presumption of the carriers negligence, in
an action by the shipper for injuries re-
sulting to the cattle by reason of the de-
lay. [67 Southwestern Rep. (Mo.). 1911
Marriage-Annulment for Fraud
The fact that a husband had unlawfully
wife for some years prior TO his marriage
by whom he had several children, and that
he concealed and misrepresented the facts
to induce the marriage. is not fraud.
within the meaning Of a statute authorizing
the annulment of a marriage, if the con-
sent of one of the parties is obtained by
fraud. [75 New York Supplement. 622l
Delivery of Telegrams-Distance from
Town
Where a telegraph company received and
contracted TO deliver message with rea-
sOnable diligence TO a person al a certain
town, and the charges were not prepaid
or guaranteed for delivering il elsewhere
the company was under no obligation 10
deliver the message at his home several
miles from such town, and cannot be held
liable for damages for not so delivering it,
[67 Southwestern Rep CTexas), 1911
Divorce
In a suit against a wife for divorce. evil
dence that she poisoned food prepared by
her for her husband. towards whom she
had a settled contempt and continuously
offered him indignities, 70 which he sub
mitted without mistreating her, is suffi-
cient to warrant a decree in the husbands
favor. [6T Southwestern Rep MOO. 74l.l