The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-10-08
JuplcIAL DECISIONS

IAe proprietoFs 81 q saloon are acid.
IN Curran WI Olson CMinn.L 90 Il. II.
a. 7a3. % be liable Tor an Injury 70 3
guest therein caused By d third person
pouring over his feet, while be was
asleep. alcohol procured from the bar
lender. and setting iiFe 10 the same.
A master u held. ie nuntiey vs. In
man, Poulsen 4 Co (0re.l. SO L. n. A.
Te5, not 10 be liable for the death OF q
servant because be failed 10 furnish q
better belt nlifter, where the one fur
nished was safe and suitable when
properly used. and the servant made
no objection to using H.
GeaeraI charter authority 70 defne
nnisanees IL held. 10 State ex rel. In
iianapolis vs. indianapolis Union Rail-
way Company nndJ. 90 L. II. A. 631.
not to empower q municipal corpora.
ton TO declare anything a nuisance
per Sc which IN fact was not recog-
nized ~ such by the common law.
The right 10 use the water. when
acquired by appropriation. IL held. In
Crawford Company W. Hal CSeb.l. 90
L. u. A. $50. 10 be IN It's nature a
property right. and to become . suDe-
rior and better title to the use and en-
Joyment OF such water than that OF
riparian proprietor whose right attach
es subsequently.
A municipal corporation Is held. in
Mnncie Natural Gas Company We.
Muneie Qnd.l. 90 L. n. A. SD. 70 have
power 10 stipulafe as 10 the maximum
rates 70 be charged by 9 gas company
when allowing II to lay pipes In the
streets. under = statute giving II ex-
elusive power over It's streets. high
ways and alleys
Following the language OF the stat.
ute providing for the punishment OF
bunkO steering IN alleging that one
was entieed to q certain place and. ''by
dureSs or fraud" was compelled 10
part with money upon q foot race. IL
heid. ia Haughn Va. State und.). 80
Il. X. A. $50. not 70 be sufficiently GER
tain 10 state the ofEense.
Undertaking 10 work IS brakeman,
Or continuing AZ work without COM
plaint with knowledge that the rail-
road company habifually exceeds the
speed fixed by ordinance In running
trains ihroughg a municipality, is held.
in Martin ~. Chicago. r. /. a p. r. Il.
Company uowal. 80 L. r. A. Gas. to
be an assumption OF the risk OF such
excess OF speed. 40 far as the protec-
ton OF the ordinance is concerned.
A decree requiring the owner OF
timber culture claim 10 public land 10
convey Il 10 a partnership Of which he
Is q member. IN accordance with his
agreement 10 DO 80. is held, In Adams
We. Church COre.l. so T. r. A. 7s2. not
10 remove the claimants interest IN
the property from protection OF the
statute exempting such claims from
liability 10 the satisfaction OF debts
contracted before the issuing OF the
hnal certificate therefor. even Ia IA
vor Of debts OF the partnership.
A railroad section hand thrown
from q hand car by the application OF
The brakes by q brakeman. without
warning. on the signal OF the foreman,
ia held. In ThaCker Va Chicago. I. a
l. r. Company und.). 59 l. r. A.
T0i. % have no hight Of action against
The railroad company for the resulting
injuries under a statute making an
employer liable for injuries caused by
the negligence OF a fellow servant who
ct the time was acting IN the place
and performing the duty OF the en-
ployer In that behalf.