The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-11-14

-Railroads-Ejecting Passengers fror
Train

-Rairoads-Ejecting Passengers from
Train
Where one attempting to steal ride on
a moving train had caught the handles on
car and swung himself clear of the
ground. when a brakeman threw lump
of coal at him. and in lodging he lost his
hold and was injured. 1t was for the jury
TO say whether the brakeman's act was
reasonable and proper method of ejecting
the trespasser, and whether the act was
the prcximate cause of the injury. IL the
jury decide that in ejecting the trespasser
the brakeman uses an unreasonable method
calculated to increase the trespasser's dan
ger the railroad company is liable for the
injuries sustained. RS New Yor'; Supple
ment Judge Hirschberg), 1@.1
Landlord and Tenant-Defective Prem
tenant slipped on ice formed in a hall
way in the leased building the night before
and was injured. The ice was formed from
water dripping from a defective 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
defect In the pipe. and not by the diligence
required In removing the ice. l112 New
York State Rep. 14l.l
Transactions Between Relatives-Good
Faith
Transactions between relatives, as for
instance the execution OF a chattel mort
gage to secure a claimed Indebtedness, by
reason of which strangers who have sold
goods to some of such relatives will be de-
prived Of payment therefor will be scru-
tinized very closely. and the good faith of
the same must be clearly established. II
no consideration is shown for the notes Sc
mortgage will be set aside as fraudulent
conveyance. rel Northwestern Rep. NE
braska. Judge Dufie). $50
Malicious Prosecution-Duty to Make In
CURRY
A person who suspects another OF hav-
ing mia tod fr
his suspicious by such inquiry as reason
able care and prudence would suggest I'M
der the circumstances before beginning q
prosecution. He need not, a general
rule, call upon the person suspected TO give
an explanation. especially where there Is
no reason to believe that such explanation
would materially alter the opinion pro-
duced 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 North
western Rep, S53.
NEUTRALITY-SUSPICIOUS. Magnetic Heal
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 heal
ing for several years. He diagnosed cases
entirely by the nerves. On a certain day a
patient came to him to be treated for a
lame ankle, He diagnosed the case as
rheumatism and gave treatment which
consisted of rubbing the afflicted parts He
charged and was paid 81 for the treatment
Held that he was guilty of violating a
statute making Ii unlawful for any person
TO practice medicine without first obtain
ing license so to do. [64 Northeastern
Rep. Qndiana), S63.l
Intoxicating Liquors-Nuisances.-
The Supreme Court of Maine i'm a late
case. holds that in that State II has been
settled by common consent expressed In
both legislative and judicial action, that
all buildings, shops or places where in
poses. and all places of resort where intox-
icating liquors kept, sold or disposed
of in any manner not provided by law, are
common nuisances-that is, are hurtful to
the peace. safety, health or morals of the
people. l53 Atlantic Rep. maine, Judge
Emery. ISL