Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-03-10
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: lmportant Decisions
Observation-Disclosures
LTENs

| WILLS-ATTORNEY S LIENS.
| An attorney who drew a will and per-
| formed other services for the testator
| has not the right to retain possession of
such will and withhold it from probate
Until his bill for such services is paid.
The court remarks that it would be a
curious state of affairs ii an attorney
could practically defeat the probate of
{. Will by its retention until bill
against the testator is paid, when there
can be no one to pay the bill on behalf
of the estate until the will was proved.
81 Atlantic Rep. GU. j., Judge Reed,
No. 2.
CARRIERS TO PASSENGER.
Plaintiff having taken passage on a
train which did not stop at the station
for which he had a pass, the conductor
told him that the train would slow up
there, so that he might get off safely,
and later told him that they We're near
ly to the station, soon after which the
engine whistled and the conductor
beckoned to him from the end of the
coach, and not seeing the conductor but
finding the door open he swung off in
the dark, thinking they were near the
station, when in fact they We're two or
three hundred yards from that point,
and the train was crossing a high tres
tie at the rate of about twenty miles an
hour. Held. that there was no negli-
gence On the part of the railroad COM
pany, and the passenger could not re-
cover for the injuries sustained. sc
Southwestern Rep. (ky.. Judge O'Rear,
No t.
CUSTODY OF PATIENT.
A corporation, in pursuance of u con-
tract to care for its sick employees, took
charge of a sick employe afflicted with
smallpox, and hired a nurse and watch
man to care for him. Thru their neg
ligence he escaped while delirious and
communicated the contagion to l'lain-
tiff. The corporation owed to each in
Gividual member of the community the
duty to prevent the spread of the dis
ease, and plaintiff had right of action
against the corporation for damages
arising from the breach of duty. Sc
Southwestern Rep. (Texas, Judge
Erown), No. A.
NUISAN SALOON.
Where the conducting of a liquor sa-
loon is a legally legitimate business, in
the sense that it is permitted by license
in municipal corporation it is not of
itself a nuisance, and not thing or
occupation that must necessarily be-
come nuisance. This being so, it is
not within the power OF the town au-
thorities to single out a single saloon,
arbitrarily declare it a nuisance and
order it closed, and if the order be not
obeyed, fine the proprietor for not obey
ing. 81 Southern Rep. (La., Judge
No. 6.
RIGHTS OF MAJORITY.
The supreme court of New York has
decided that where, after a nominating
has been Illegally adjourned
by the chairman, the police forcibly re-
moved from the hall majority of the
delegates who opposed the adjourn-
ment, and who attempted to continue in
such majority may adjourn
10 another hall, and nomination made
by them is regular. IA New York Sup
clement (Judge Scott). No. 2.
TRADE MARKS-NAMES.
After both pancrentin and pepsin had
oeen discovered and named, and their |
effects as aids to digestion had been in |
,estigated. and the results of such In |
had been published to the |
world for several years, manufacturer