Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-17
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{Important Decisions3
p1vORcE.


Plaintiff filed petition lor divorce
from, the defendant on the GROUND OIL
dnsertion. On the hearing she was tile
only witness who testified to the desef
ti,n hut asked the court to relax the
,,Ila prohibiting a divorce on the I'M
co,.roi,orated testimony Of the petition
or for the reason that one corropori'-
inc witness lived in California, ana
another could not be induced to come
to New Jersey except at an expense
which the petitioner is unable to meet.
Held. that the rule requiring corrop-
Grating evidence could not be relaxed.
cotter VS.. Cotter, So Att. 70, On. -
MASTER AND SERVANT.
Plaintiff, boy IA years old, was en-
ployed as a bobbin boy at a SPINNING
machine; his duty being to take OH
the bobbins. He had been fully m
structed as to the work. and, Whlle
the machine was in motion, put on
some weights which had fallen OH. ana
was injured. The duty to put on
weights belonged to men employed for
that purpose. Held. that the master
was not liable for the injuries rece1v-
ed.
BUILDING RESTRICTIONS.
Plaintiffs and defendant entered into
a contract for the sale of certain prem
fses situated in the city of Philadel-
phfa. Bv the terms of the agreement
the title to the premises was to be good
and marketa BILE, and the premises We're
to be conveyed clear of incumbrance
land free from all restrictions.
deed was duly executed by the proper
parties and rendered to the defendant
who refused to accept the title or make
settlement for the property, claiming
that within five feet of the line or the
street, and further. that an ordinance
of the city, passed after the date or the
deed, forbade the erection OF any
building within such limits. Held. that
the owner could not make markets.
bile title to the lot under the agree
ment to convey free from all restr1c-
tions. Coues VS.. Hallahan, So Att. 15S
Pa.
INSURANCE.
A husband and wife made arrange
ments with the mother of complainant
to keep complainant, young child, as
a member of their family, with the I'M
derstanding that they should be known
as father and mother of the child, and
that a sister of the wife who lived in
the family should be known as the
aunt of the child. Six years after COM
plainant became a member OF the
household the aunt was insured in de-
PENDANT insurance society and COM
plainant was made beneficiary, and de-
scribed in the application and policy
as the nephew Of the insured. Com
plainant was dependent on the insur-
ed. Held, that complainant had an in
surable interest In the life of the bene-
fciary and was eligible as a beneficiary
in defendant society. Berdan VS.. Mil
waukee Mutual Life Jns. Co., IL d. L.
N. 46 (Mich).
PERFORMANCE
One B. W., a 16-year-old boy, was
the Upper Peninsula. Defendant Of
fered a reward of $50 "for the deliv-
cry Of the boy" Plaintiff, claiming
that he was entitled to the reward
brought this suit and recovered judg-
ment Defendant sought to reverse
the judgment on the ground that it
appeared on the testimony that the boy
was not lost when plaintiff discovered
him. Two witnesses testified that the
boy, in his wanderings, after striking
the road upon which he was travelling
when he met plaintiff, followed it five
or six miles and came to the house of
one Of these witnesses. There he was
given his breakfast and told Of his To-
cation ard started towards home and
on the road met plaintiff. Plaintiff,
who was a stage driver, testified that
he left his stage and walked short
distance down the road to find the boy
and found him Iicking berries. That
he put him in his stage, and when
shortly after he left the stage, the boy
started again IN the wrong direction
and plaintiff set him right as to the
way home. Held, sufficient to justify a
finding by the jury that the boy was
still a lost boy and plaintiff could re-
cover.
Peterson VS.. Mark, 10 D. L. N. sol
lMich.)
Saves Two From Death.