The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-06-24
RECENT LEGAL OPINIONS.

-Police-Photograph of Alleged CRIMINAL
Where person is arrested by the police
of a city ON suspicion of having committed
q crime. and his photograph and Bertillon
measurements were taken by the police de-
partment, ne cannot have mandatory IN
junction to destroy or surrender the mega
tive and all copies and the record of the
measurement. The police department Will
not be enjoined from exhibiting or publish
Ing the picture on the ground that a tres
pass was committed against the plaintlH
in that he was compelled to sit for his pho
tograph.-[S2 New York Supplement Judge
LeventritD, 2i9.l
-Navy-Enlistment of Minors
The United States statute which provides
that minors between the ages of fourteen
and eighteen years shall not be enlisted for
the naval service without the consent OF
their parents or guardians declares pub
lie policy. The enlistment of boy under
the age of eighteen without the consent of
his father is void from the beginning as
against the father, and the minor has no
status in the naval service which can be
asserted by the United States to deprive
the father of the custody and control of his
son after he has regained the same. The
boy cannot be punished by court-martial
for desertion in peaceaby leaving the ship
and returning to his father with the latter s
approval. - [121 Federal Rep. alabama,
Judge Jones), S49.
MISUNDERSTANDING to Stop at Station
Defendants train failed to stop for plain
tiff at a flag station. She testified that her
carriage ndd Deen sent back. ana Sne was
compelled to walk home. about three miles,
In the rain: that she was compelled to go
to bed, and was unable to sit up for about
six weeks, and suffered great pain, knew
she was in danger of dying and suffered
mental anguish Held, that 1888 damages
excessive and should be reduced to
s200O.-[34 Southern Rep. mississippi, Judge
Whitield), 357.l
-Murder-Degree of Crime
Where one attempting to commit a pre-
me6itated and deliberate murder and in,
and as the result of, the act kills another
than his intended victim, he will, in respect
to the person killed. be guilty of murder
i'm the first degree if there is legal con-
nection between the original purpose of the
act and the unexpected result.-[44 South
eastern Rep. North Carolina, Judge Con-
nor), 391.
NEUTRALITY-SUSPICIOUS. of Rules-Damages.-
Plaintiff. employee of defendant rail-
road was riding on the latter's freight
train, sitting on the steps of a shanty car,
for the purpose of viewing the country.
The steps of the car struck against some
wood piled by defendants servants along
side the track. and plaintiff was injured.
1t was not necessary for plaintiff TO sit on
the platform, and he had seen the railroads
rules against riding on the platform of pas
not liable for the injury.-[A Southeastern
Rep. North Carolina), 40ll
-Sale-Performance of Contract
Where defendant contracted TO deliver
''200 800 tons" of pig iron, twenty-five
tons on a certain date land balance as or
dered within the next six months" he suf-
ficiently complied with the contract when
he delivered 300 tons.-IS2 New York Sup
plement Judge Houghton), 2411