The Western news., 1904-10-05
JUDICIAL. DECISIONS.

The proprietors of a saloon are held,
in Curran VS.. Olson (Mlnn.), GO L. II.
A. 733, to be liable for an injury to a
guest therein caused by third person
pouring over his feet, while he was
asleep, alcohol procured from the bar
tender, and setting fire to the same.
A master 10 held, in Duntley vs.. In.
man, Poulsen & Co. (Ore.), SO L. r. A.
7S5, not to be liable for the death Of a
servant because he failed to furnish a
better belt shifter, where the one fur
nished was safe and suitable when
properly used. and the servant made
no objection to using it.
General charter authority to define
nuisances Is held, in State ex rel. In
dianapolis VS.. Indianapolis Union Rail-
way Company QndD. 60 L. Il. A. S31,
not to empower a municipal corpora
ton to declare anything nuisance
per Sc which in fact was not recog-
nized as such by the common law.
The right to use the water, when
acquired by appropriation, is held. in
Crawford Company VS.. Hall (Neb.), &c
L. r. A. $50, to be in its nature q
property right, and to become supe-
riOr and better title to the use and en-.
joyment of such water than that Of a
riparian proprietor whose right attach
es subsequently.
A municipal corporation is held, in
Muncie Natural Gas Company VS..
Muncie Qnd9, 60 l.. II. A. 800, to have
power to stipulate as to The maximum
rates to be charged by gas company
when allowing it to lay pipes in the
streets, under a statute giving it eX-
elusive power over its streets, high
ways and alleys.
Following the language Of the stat
ute providing for the punishment of
bunko steering in alleging that one
was enticed to certain place and, "by
duress or fraud" was compelled to
part with money upon foot race, Is
held, in Haughn VS.. State Qnd.), SO
l.. r. A. 7S9, not to be sufficiently Ger.
tain to state the offense.
Undertaking to work as brakeman,
or continuing at work without com
plaint. with knowledge that the rail-
road company habitually exceeds the
speed fixed by ordinance in running
trains throughg a municipality, is held,
in Martin vs.. Chicago, r. l. & =. Il. II.
Company Qowa), 50 l.. r. A. 69S, to
be an assumption of the risk of such
excess of speed, so far as the protec-
ton Of the ordinance is concerned.
A decree requiring the owner Of a
timber-culture claim to public land to
convey 1t to partnership Of which he
Is member, in accordance with his
agreement to do so, Is held, in Adams
VS.. Church (Ore.), 80 L. r. A. 7S2, not
to remove the claimants interest in
the property from protection Of the
statute exempting such claims from
liability to the satisfaction of debts
contracted before the issuing of the
final certificate therefor. even in ia
vor of debts of the partnership.
A railroad section hand thrown
from hand car by the application Of
the brakes by a brakeman, without
warning, on the signal Of the foreman,
Is held, In Thacker vs. Chicago, l. &
L. r. Company Qnd), SO l.. r. A.
791, to have no right of action against
the railroad company for the resulting
injuries under a statute making an
employer liable for injuries caused by
the negligence of fellow servant who
at the time was acting in the place
and performing the duty of the en-
ployer in that behalf.