The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-01-09
RECENT LEGAL OPINIONS.
Negligence of Servant-Damage from


A guest in a hotel had received permits
sion to use bath tub in the room of an
other guest and rang for a bellboy to pre-
pare the bath. The bellboy opened the
drawn into the tub and left the room to
procure towels. He was gone a consider
able time, during which the bath tub over
flowed, and he water injured plaintiff 8
goods i'm a store under the hotel. Held.
that the negligence of the bellboy occurred
while he was acting within the scope of
his employment and that the hotel was
liable for the damage sustained. [33 South
ern Rep. alabama, Judge Haralson), 30.1
Excursion Ticket-Reduced Rate
A passenger bought from railroad COM
pany an excursion ticket at reduced rate,
with Endorsement that the person accepting
age. Held, that the acceptance of the ticket
was waiver of the common law rule max
ing the carrier liable for the passenger
safety; in an action for damages the pas
senger must affirmatively prove negligence
on the part of the railroad and cannot avail
himself of the presumption of negligence
arising in favor of the passenger where an
injury occurs. l53 Atlantic Rep (Pa., Judge
Brown, 1863.
-Telegrams-Death Message
Where owing to the negligence of tele-
graph company a telegram sent by a
father of four-year-old boy to the grand
mother of the child was not delivered. and
she failed to reach the Sender's home be-
fore the death of the child, the parties were
so related that. in an action by the father.
damages for mental anguish might be re-
covered. A verdict of s225 in such a case
was not excessive. I33 Southern Rep.
alabama, Judge DowdelD, 45.
Real Estate Agent-Fraud of Agent
An agent undertook to sell lots for 81 ESQ.
any sum obtainable above that to be his
compensation. Having learned that he
could probably sell for more than $1,000 he.
without disclosing such fact, induced his
principal to agree to take 81 600 and to exc
cute the memorandum of sale to him. He
sold the property for 81 200. Held that the
principal was entitled to recover $50 from
the agent. [53 Atlantic Rep. New Jersey,
Judge Grey, 4SS.1
Street Railways-Injury to Passenger
Where a conductor of street car fails
to stop II at the usual place as requested
by passenger, but, after passing 1t, slows
up in the middle of a block so as to clearly
invite him to alight. and he attempts to
get off, with the knowledge of the con-
ductor, 1t is the conductors duty not to
cause the car TO start up or jerk SO to
endanger the passengers safety. [53 At
lantic Rep. delaware, Judge Lore, $751;
Wife ADMINISTRATIONS Ill Treatment
In prosecution of man for numbering
his wife evidence that he had for ten years
treated her, and committed many simple
assaults upon her, was improperly admit
ted. Neither was 1t proper to offer proof
while drinking, told his wife that he would
divorce her because she would not dress up.
[33 Southern Rep. Miss, Judge TerraD, Is.
Warned Them of Their Danger
Gentlemen said Judge. addressing the
jury in a recent Irish case. you have heard
the evidence. The indictment says the pris-
oner was arrested for stealing pig The
offenSe seems to be becoming common
one. The time has come when it must be
put stop TO, gentlemen; otherwise none
of you will be safe" Law Notes for De-
cember.1