The Montgomery advertiser., 1903-04-12
WISDOM FROM THE BENcH.
some Queer Cases and How Thev
 Were Decided

I SsSAO GCt1uC0s
 In Oneida County. New York ASns.
 Smith sued George weterelI for kiilins | ner dog The fact of the killing was ad- | mltted. The defence was that the dog | had been chasing sheep The rial tudpe
 charged the Jury that this was not good
 oetence. as there was no evidence that
 the dog was actually misconducting him
 seit Tn that way when WetheEfil shot him. | The Appellate Court says that the Judge | erred. Wetherill was in his light, both under the common Jaw and statute Ia ". 1t says; in killing The Smith dog. That's
 the end appointed, 1t says. for a dog who "wrongfully chases. worries or wounds sheep"
 Sarah Louise Burke, spinster, died at an advanced age in Philadelphia, leaving an estate of $10000O. In her will she made a number of small bequests to kinsfolk and local charities. The Augustinians, of viilanoya College, were the residuary legatees under the will, the testatrix stip-
 ulating that they should erect a church either at Bryn Mawr or at some other
 point within the Archdiocese of Philadel-
 phia, as a memorial of her brother. An attempt was made to break the will. Wit
 nesses for the contestant. a cousin, tes- tifed that old Miss Burke ate with her fingers, wore straw hats in winter and used to say the only low people lived north of Market Street. The Register of
 Wills was not impressed by this testi- mcny He 3Ist1inNI she will. Affection of aristocratic contempt for the people north of Market Street." he sad, lis a characteristic not by any means limited to the mind of this testatrix. It Is ap- parent in the expressions of many worthy people wto nave the supposed good for tune to live south of that dead line of blood and culture"
 The Supreme Court of Ohio has decided that yCu can acquire a property right in wild animals-animas ferae naturae-if you acquire and maintain such possession and control them as indicates that you do not mean to let 'hcm Eo, but to keen them for your own use and pleasure. For Instance, food fish in a Let or tank, or pool on your own property are so pos sessed and controlled. The taking of them with felonious intent will be lar ceny, says the Ohio Justices
 You can enforce a property right in information collected by yourself The Judges of the Federal Circuit Court of Appeals at Chicago are authority for this statement: We are of opinion, they said in recent case, that ones posses sion of information which he has ob- tained, compiled and put in form for specific use. is a right which ought to be protected against those who would share it with him without his consent"
 Finding that the fro1t he'd nipped down the gas jets on her premises, Mrs Lap- ham. a St. Paul. Mlnn.. boarding house keeper, notified the company A man was sent to the house. He told Mrs. Lapham she would have to turn out the lights through the house, as the supply would be cut off while he was at work She went the rounds but Skipped" one room The h0ardA- In haA fallen asleep. leaving her light burning When the gas was turned on again she was partially asphyxiated A suit for damages was brought against the com pany. which fought 1t all the way up to the Minnesota Supreme Court and won out "It would be an unreasonable de- msnd," said the Justices, "to require the company to go through the house and look at each jet to see that it was prop erly turned off, or to notify all the occu- pants to that effect. The landlady was the representative of the members of her household and it was with her that the company transacted its business"
 Mrs. Groom was crossing a street In A Missouri town. It is her misfortune to he almost stone deaf. and it was her i'll luck on that occasion not to see runaway team until 1t was too late to get out of the way. The defence set up against 1er aCUOI lOt udmdSCS Wdo NOH- tributory negligence. It was said that the law made it her duty to listen and to look up and down the street before attempting to cross The trial judges charge was attacked because he told the jurors they mrvt give her verdict un- less they were convinced that with the exercise of ordinary care she would have seen or heard the runaway team in time to avoid injury. The Missouri Supreme Court decides that the trial Judge knew his business. That charge fully submit ted the defense" say the Justices. "un- less we hold the plaintiff was bound to look and listen. whether she could see or hear or not. or hold that her positive testimony that she could not see was of no weight, and, of course, We will do neither"