Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-24
e~@ee1@1@~H4~@o4o1@e@o@19
{1mportant Decisions :
PUBLIC RESORTS.

PUBLIC RESORTS.
Defendant was operating line O
street railway from Tacoma to Span.
|aWay Lake, and had acquired certain
| lands at the lake named, which 1t haC
made into an attractive park or sum
mer resort. Plaintiff procured a tick
ct and went to said park, and while
she was quietly viewing the attractions
of the park, she was approached by G.
one of the employees of the defendant IL
charge of the grounds, who seized he1
| by the arms and in the presence and
| hearing Of q large group Of people or
dered her out of the ground. 1t appear
ed that the managers Of the place, de-
string to keep the place suitable as q
place of resort for respectable people,
had employed G to warn off the grounds
all persons whose conduct, demeanor
or address marked them as belonging
to or being associated with criminal
or vicious classes. G had been inform
ed that such q person had entered the
grounds and taken a certain direction.
whereupon he went in the direction in
Dictated and finding on other woman
there, mistook plaintiff for the person
meant, and addressed her asking her
to leave the grounds. That he subse-
quently discovered his mistake and
apologized and also explained the mat
ter to the manager of the grounds, who
likewise openly apologized. Plaintiff
recovered verdict for $3.50. Held,
that under the circumstances a verdict
for $3.50 was excessive.
Davis vs. Tacoma Railway II Pac.
210 (Wash.)
MANSLAUGHTER.
Defendant was indicted for murder
in the second degree and was convicted
of manslaughter. On the night prior
to the alleged murder, some boys were
making q noise with tin cans thru the
bottom Of which string had been
run and then resined. 1t was in the
woods near the house where defendant
lived. He and his father, not knowing
what the noise was, went in that direc-
ton, taking their gun with them. The
boys ran away and defendant and his
father returned. The next night, the
deceased and another boy took a can
and went to the top Of a hill immed-
lately south of where the defendant
lived, but made no noise before the
time the shot was fired. Two other
boys were making noise with cans,
in another direction from the house of
deendant, when defendant went into
the house and procured a rifle, and
stated to hts father that he would shoot
into the tree tops. He then fired the
gun toward the hill top for the pur-
pose Of frightening the perpetrators
Of the noises, and killed deceased, at
a distance Of about 200 yards Held,
that one who Intentionally shoots and
kills another by discharging flrearmE
on his own premiseA is not thereby
guilty Of manslaughter. State VS.. Mar
tin, Il N. E. $40 (Ohio.)
CITIES AND VILLAGES. :.
The defendant city constructed ~
sidewalk Of plank six feet wide, ana
for some distance over a low place
1t stood 81 inches above the ground.
Plaintiff, IS years Of age, was travel
ing ON this sidewalk at o'clock in :
dark and rain night. The streets or
the city were supplied with electric
lights which cast more or less light
upon the walk. The plaintiff testified
that 1t was SO dark she could not se-
the plank and for that reason stepped
off and was injured. The sole neg
ligence was the failure of defendan.
to erect a railing along the sides or
the walk. Held, where sidewalk IS
built to such q height as to require
ratings to make it reasonably safe for
travel, it is the duty Of the city TO
erect such ratings. Harmon VS.. City
of Gladstone, IL d. L. N, 128 (Mich.).
DIVORCE.
Complainant filed a bill for divorce
against defendant and alleged that de-
PENDANT was cold and sullen, refusing
to speak to complainant for week,
that defendant refused to pay taxes
on compartments property unless she
convey it to him, that defendant ac-
cused complainant of being cruel, ana
refused to give complainant spending
money. Held, the grounds were IN
sufficient to entitle complainant to de-
cree Of divorce on the grounds of ex-
IRENE cruelty. Downey VS.. Downey,
10 D. L. N, 739 (Mich).