The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-04-18
RECENT LEGAL OPINIONS.
acknowledgements to Min


One who pays a brakeman on passen-
ger train a sum of money to be carried to
certain point, and is told to ride upon
off the train at all stops and to keep out
of sight, and who follows such instruc-
tons, is not a passenger. The allegation
Of boy, fifteen years of age, that he did
not know he was doing wrong in making
such an arrangement does not relieve him
from responsibility for his own negligence,
as he cannot recover damages from the
railroad If he Is injured. III Pacific Rep.
(kansas, Judge Mason), $751;
-Railroads-Breach of Contract-Dam-
ages
A passenger going upon a railroad train
has right to rely upon the representa-
tons of a local ticket agent, and upon
those of the railroad company's agent in
charge thereof, that such train Will stop
at certain point TO which he has pur-
chased ticket and desires to ride. And
the company is liable to such passenger
in damages if he is compelled to leave the
train before arriving at his destination be-
cause by the general rules OF the COM
pany, unknown to the passenger, the train
is not scheduled to stop at such station.
III Pacific Rep. (Kansas). S20
Mortgage Real Estate Kitchen
Ranges
The Supreme Judicial Court of Massa-
chusetts held. in the recent case of Jen-
nings VS.. Valley, that ordinary kitchen
ranges placed in an apartment house I'M
der a contract of conditional sale, and not
attached to the building otherwise than by
stove pipes and water pipes leading to a
detachable hot-water reservoir, do not
constitute part of the realty so as to pass
to the mortgage under mortgage of the
building.
Statute of Frauds-Implied Contract
Under Kentucky statutes,~a contract to
give employment for ten years is void. so
that action will not lie for its breach,
Notwithstanding the employe has per-
formed part of it. However, the employe
having sold the employer a business for
less than its value, he may, on an i'm
piled promise. recover the difference be-
tween the amount paid and the value
OF the business. I12 southwestern Rep.
Ky. Judge Paynter), S0S.]
Physicians for Liquor
Texas has a statute which prohibits any
physician from giving a prescription to be
used in obtaining any intoxicating liquor
in county, city or town in which the sale
of intoxicating liquor has been prohibited
by the laws of the State, to any one who
is not actually sick. The Supreme Court
of that State holds that this does not pre-
vent physician writing such prescription
for himself. I12 Southwestern Rep. (Texas,
Judge Brooks, S42.]
-Awnings-Not Nuisances When Unob-
structing Street.
Awnings, like iron gratings to admit
light, openings for admission of coal. flap
or trap doors, the extension of signs into
the street, and the like, If authorized by
the municipality and properly constructed
so as not to interfere with the public use
of the street or sidewalk, are not to be re-
garded as nuisances. RS Chicago Legal
News Qllinois case), PSI.
Observation-Disclosures Against Build
ing
When a city for many years has owned
and used pesthouse hospital, with ample
room for extensions and additions, a court
of equity will restrain the use of a build
ing for like purposes in another and dense
ly populated portion of the city when the
use will be a danger and menace to the
public health. RS Chicago Legal News
pennsylvania case), 2S11