The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-08-23
INTERESTING COURT DECISIONS

INTERESTING COURT DECISIONS.
Below We give, from the Lawyers
Cooperative Publishing Company,
of Rochester, n. Y, some items Of le-
gal news referring to the recent decis-
ions OF the courts, which will be OF
interest to laymen as well as to MEM
bers of the legal profession. The first
two, it will be seen, are from this
state, n of them deciding a very
important question involving the right
of municipal authorities to erect and
operate waterworks and electric light
plants without first submitting the
question to a. vote OF the people,:
The expense OF erecting n operat-
ing plants for supplying water and
electric light for municipal use and
sale to persons residing in the NUM-
cipaHty is held. in Fswcett v. Mt.
Airy IN. CO. 63 l.. r. A. $40, to be Il
necessary one, within the meaning Of
the constitutional provision permitting
municipal corporations to incur sucn
expenses without submitting the prep
osition to their voters.
The right to equire an examination
n license as for a practitioner of
medicine for treatment Of disease
by baths, physical culture, manipula-
ton Of muscles, bones, spine, and solar
plexus, and advice as to diet is denied
139.
A person who crosses an electric
street railway tract in front of an a1-
preaching car which he plainly sees
n distinctly hears is held, in Kansas
Cfty-Leavenworth r. Co.. V. Gallagher
(Kan.) Ga L.. R.. "A. 344, not to be negli-
gent, if, in view of his distance from
the car, the rate Of speed of it's a
proach, n other circumstances, q
reasonably prudent man would accept
the hazard and undertake to cross.
The duty of an electric light cornpa-
ny conveying electricity by over
head wires strung through the streets
of a city to keep it's wires constantly
insulated so as to be prepared to
guard against the effect of objects
coming in contact with them regardless
of the facts and causes which may
bring about the contact. is held, in
Hebert ". Lake Charles Ice l. & w
Co. Lao 81 L. r.. A. 101, to be abso-
lutte.
We believe there is a law in this
state requiring thai all persons driv:
ing in a public highway should turn
to the right on meeting another vehi-
Gle.
Failure to obey the statutory re-
quirement that one driving on the nigh
way should turn to the right of the
middle of the travelled road upon meet
ing a traveller from the opposite di-
r~ection, while not negligence per Sc, is
held, in Neal V. Kendall (Me.) e3 J..
r. A. 66S, to be evidence of negligence
sufficient to carry the ase to the jul
ry, although there was ample room to
pass without doing SO, if, by reason
of the sudden shying of the approach
ing horse, the vehicles are brought
into collision, which would not have
happened had the statutes been obey
ed.
A boycott by a combination Of labor
unions against firms which they have
placed on the unfair list becaus Of
their employment of IIon-union men
which consists in threatening custom
ers, or Prospective customers, that, if
they attempted to deal with the boy
cotted firms, the union will make it
impossible to transact business with
them, and Will see that they. shall he
unable to get men to carry on their
work, is held, in Gray ". Building
Trades Council CMinn.) s. l.. r. A. 1853,
to be properly enjoined as an unlaw-
full conspiracy.
Here is a decision which will inter
est our vegetable growers and truck
farmers:
One who fills an order for a particu-
lar brand of see by supplying the
kind ordered is held, in Gardener V.
Winter (Ky.) 63 L r. A. 641, not to
imnlv warrant that IF is reasonable fit
for the purpose to which it is to be ap-
piled .
The right Of a municipality, hav-
ing statutory authority to regulate
the use Of it's streets for tele-
phone wires to impose as a condition
to the use of such streets by telephone
company the duty to furnish
service at specified rates, is sustained,
in Charles Simons Sons Co. V. Mary
land Teleph. & Teleg. Co.. fMdO IS L.
r.. A. 727.
Here is one on a subject which caus-
I'd a great deal Of contention in this
city a few years ago:
The right to conduct a hospital ir
lei proximity to a private residence
that the sights, sounds and smells
which are a necessary part Of its op
Grafton become an intolerable nui
sance to those dwelling in h residence
is denied in D~eaconess Home & Hos
pital V. Bontjes QH.) "a L. r. A. 215.
----
The government board on wireless
telegraphy reports in favor of all coast
stations being under control of the
navy department and all in The in
terror under control of the department