The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1904-11-26
JUDICIAL pgclsIoNs

a 1uhu Wnlch nas, under the nrAap
Of the court, been deposited With Is !
clerk is held, Ii Dale Es,s,,,,., ~
CMd.), "a Z. r, A. liz, NOT 10 bai.t,, ,.g
subject to attachment ~ the as gss.s
mination Of the one who il entitles M s
receive it. and an order Of the co,,,,s
that 1t be paid 10 him.
The minority Of one holding ! no,t,,.
Of insurance on a dwelling hu1aa i.
held, In Mead VS.. Phoenix Ina VI &
(Kan.). "a l. R. A. 70, not t. exepn n.
him from complying with stiDnIafso,s
In the policy that no stae or action ~
the recovery Of any loss should q
matntainable unless commenced w,tbin
twelve months after the fire.
A carrier is held, In Lake Rrie a w
R. 90. vs.. Holland Ind)., 6s I. r ~
94a, not to be able to absolye itaale
from It's duty to furnish aafe cars hr
exacttng a contract requiring the shin.
per to inspect and select his car, whera
the shipper is induced to take the r,p,-
by safe, but false, appearances, wbila
the carrier knows that the car selected
Is unsafe.
Persons using horses on the highway
In close proximity to gas well, and
who see an agent of the owner at or
near it, are held, in Snyder VS.. Phi,a.
delphia Co. CIV. Va.), SO L.. R. A, a9e
to have the right to presume that he
will not open it without warming or
first looking for travellers on the road
and not be guilty of contributory neg.
ligence in failing 30 turn away from
1t, or to give warning OF their presence.
The right Of bicyclist to hold a
town liable for injuries caused bv a
defect making highway unsuitable
for ordinary travel is sustained in Hen.
dry VS.. North Hampton IN. H., "a l.
r. A. 70, under statute making towns
liable for injuries to any person tray.
cling upon dangerous embankment
upon highway by reason OF any de.
feet or want Of repair of such embank.
ment or defective ratings, which rem.
ders 1t unsuitable for travel thereon,
A conductor who elects from train.
a short distance from the station, with.
in the yard limits, and near dwelling
houses, a man who, although appar.
entity intoxicated, Is able to walk and
carry ON intelligent conversation, Ia
held, in Korn vs.. Chesapeake & o. R.
Co. 70. O. A. 9Th o., 63 L. R. A. S72,
not to be guilty Of negligence, although
he has been informed at the station
that the man Is not fit to travel, where
the latter, when asked for his fare, re-
fuses to pay 1t, or to tell his destina.
ton.
If the public policy Of the State for.
bids the limitation OF carriers liabil.
ity by contract, it Is held, in Hughes
vs.. Pennsylvania R. Co. pa, SO L. R,
A. 513, that the courts Of that State
will not enforce a contract for such
Limitation as to property negligenty
injured within the State while BEING
shipped on a through bill Of lading into
the State from another. where the con,
tract was made and where it is valid.
The subject of conflict of laws as to
carriers contracts is discussed in q
note to this case.
A proviso. in a statute dealing with
insurance policies issued In the State,
that every policy containing a refer
ence to the application must have q
correct copy thereof attached to 1t, Is
held, in Johnston vs.. Mutual Life Ina
Co. (Mass.) 63 L. r. A. 1893, to have
no bearing on policies issued by for.
eign companies in other States, al.
though they were upon lives of persons
In the State where the stat.
ute was passed. A note to this case
reviews the other authorities on conflict
Of laws as to contracts of insurance.