Omaha daily bee., 1903-05-22


who are being most boosted for the office
are Elmer f. Thomas populst, and Nc
Hugh, who was democrat up 20 1895
Among the others who have been men
toned to the governor is Patrick Heafey,
former member Of the board. and "a
we'll known democrat. Mr.. Heafey was at
one slime last year prominently mentioned
as the democratic candidate for secretary
of state, but did not look favorably on
making the race.
Railroad Not Liable.
II a passenger on a steam railroad sticks
his head out of window in Nebraska and
gets hurt or killed there can be no recovery
for damages from the railroad company.
Such is the dictum of the supreme court
in an opinion just handed down. 1t is writ
ten by Judge Sedgwick and concurred In
by Judge Holcomb. Judge Sullivan, how
ever dissents in a very vigorous opinion.
in which he criticises judges in general on
their methods of measuring other men.
The suit was one from Hall county, where
Oscar Roeser, as administrator of the es-
tate Of Neils Rasmussen brought suit to
recover fo- the killing of Rasmussen. The
latter/was a passenger on the Union Pa
cinc overland flyer. When the town Of
Chapman was reached the train did not
STOP but went through at the rate OF forty
miles an hour Rasmussen espied on the
station platform an old acquaintance, and
he impulsively thrust his head and arm out
to yell and greet him with wave of tho
hand. Two hundred feet beyond the sta
tion stood a mail crane loaded. Its iron
ring extended to within eight inches of the
car, and this ring struck Rasmussen just
above the left ear. killing him The lower
court held that the negligence displayed
Y Rna arFanru
less disregard OF his safety and a willful
indifference to the injury that might fol-
low. to constitute the criminal negligence
which the law says relieves the company
from responsibility or liability.
As to Deficiency judgments.
In the case of Burrow against Wander
oergh from Webster county. the supreme
court passes upon a question that has been
In dispute for some time
Prior TO 1897 II a mortgaged property did
not bring at forced sale SUFFICIENT to pay the
lien the holder could get Judgment for the
dehciency. In that year the legislature re-
pealed the deficiency judgment law, but the
| question has been raised as TO whether this
| prevents the recovery of deficiency judg-
ments upon mortgages executed before 1897.
The supreme court says 1t does not. II
holds:
THE law of 1897 did not take away or I'm
pair any right of the holder of mortgage
executed before its passage to get a per-
sonal judgment for the deficiency It could
not deprive oblgees OF an executed contract
Of the effectual remedy for the enforcement
OF the same"
Not an Illegal Contract.
Judgment was rendered in favor Of r. 8,
Horton, trustee In bankruptcy for the
Omaha exposition, against Henry Rohlff
and his bondsmen. Rohl1 bought the Ger
man village concession for $500 and Is per
cent of his receipts, and gave a bond for
$1,000 that he would pay up. He didn't and
when suit was brought defended on the
ground that the contract was illegal be-
cause it gave him the right to sell beer on
Sunday The novel and ingenious plea was
made that typical German village such as
he contracted to put in could not be run
without selling beer and on Sunday.
The court holds that inasmuch az there
could not have been an intention to con-
tract to violate the law, and as when the
contract was made there had been no de-
cision to open the exposition on Sundays
the contract was not illegal and Rohln
must make good. >.
! Adjunct High school Districts.
the concerted action OF all OF the districts
concerned is required. says the supreme
court in a mandamus case brought by one
Davis against the commissioners of Cass
county. The evidence showed that II wal
not submitted to all Of the districts and
was voted on by only part of these AS
only few participated It is void.
Points in other Decisions.
| A.
Bank the court holds against the latter on
the ground that a note to be negotiable
must bear on its face entire certainty as
to the amount that will be paid on ma
turity.
In Clay County against Adams County II
was held that II an insane man has a set
tlement of more than thirty days in a
county that county is liable for his keep In
state institutions. In this case a man who
had moved from Adams into Clay went IN
sane in two months, and Clay county sued
the other county for expenses incurred.
The supreme court informs the district
Judge of Nuckolls county that courts have
no judicial knowledge Of the fact that
masons charge for hollow walls just az
though they were solid ones The trial
court made this mistake in the case OF
Bixby against Bruce, and 1t is sent back for
anOIner Irldl Inc suit IL lot the nuiIDGI Ol
brick that were not put in fourteen-inch
wall, but which the manufacturer wants
pay for anyway.
A hard fought case was that OF Meyer
against Michaels. from Douglas county,
the lawyers fling all sorts OF briefs and
motions 1t was a scrap over wholesale
, watchmaker's tools. stock and the decision
of the lower court is affirmed Meyer losins
out in his claim based on a chattel mort
gage given by his son. one OF the members
of the firm who sold out before the trouble
, came.
The law permitting counties to levy taxes
for fund to pay owners Of sheep killed
I by dogs is upheld in McCulloch against
Colfax county, although McCulloch loses
out because his attorney did not plead al
of the conditions precedent to entitle him
to payment Of his claim. The court says
} the law is a proper exercise Of the police
powor Of the state.
Tom sudbOrOuEh Gets Nothing.
Tom Sudborough loses out In his suit
against the Pacific Express company tc
recover big damages for alleged false ar
rest The court says that the evidence
disclosed that the express company was
systematically robbed for years in total