The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1904-10-20
JUDICIAL DECISIONS.


The proprietors Of a saloon are acid.
In Curran vs.. Olson fMiDn.l. 90 l.. X.
A. 1893. 10 be liable for an injury 10 a
guest therein caused by a third person
pouring over his feet. while be was
asleep. alcohol procured from the bar
tender. and setting fire TO the same.
A master 10 held. in Dunfley vs.. In
man. Poulsen a Co. (Ore.), 90 l.. H. A.
1855. not 20 be liable for the death OF =
servant because he failed 10 furnish a
better belt shifter. where the one fur
nished was safe and suitable when
properly used. and the serysnt made
no objection 10 using H.
General charter authority 10 define
nuisances Is held. IN State er rel. In
dianapolls VS.. indianapolis Union Rail-
way Company und.), 90 l.. Il. A. ssl.
not 20 empower municipal corpora
ton 10 declare anything nuisance
per sc which In fact was not recog-
nized as such by the common law.
The right 10 use the water. when
acquired by appropriation. is held. in
Crawford Company vs.. Hall (Neb.j. go
J.. Il. A. So. 10 be IN It's nature a
property right. aud 10 become supe-
rior and better title 10 the use and en-
Joy1nenf Of such water than that Of a
riparian proprietor whose right attach
e. subsequently,.
A municipal corporation is held, in
Muneie Natural Gas Company VS..
Muncie tlnd.i. 10 l.. Il. A. So. 10 have
power 10 siipulaie a. 70 the maximum
rates 10 be- charged by a gas company
when allowing IL TO lay pipes In the
streets. under n statute giving IL ex-
elusive power over lis streets. high
ways and aileys
Following the language Of the stat
ute providing for the punishment Of
bunk0 steering in alleging fhat one
WIS enficed 10 certain place aud. by
duress or fraud" was compelled 10
part with money upon foot race. Is
held. 10 Haughn ". State nndl. 20
l.. Il. 4. 7s9. not 10 be sufficiently GER
tain 10 state the o;eEse.
Undertaking 10 work as brakeman,
or continuing az work without com
plant. with knowledge that the raii-
road company habiinaily exceeds The
speed fixed by ordinance IN running
trains ihroughg a municipality. is held.
in Martin W. Chicago. H. /. a +. r. X.
Company uowal. 80 l. Il. A. osss. 10
be an assumption OF the risk OF such
excess Of speed. 80 far as the pnoiec-
lion OF the ordinance is concerned
A decree requiring the owner OF a
timber culture claim 10 public land TO
convey Il 10 = partnership OF which be
Is q member. IN accordance with his
agreement to do so. is held. In Adams
vs.. Church gore.l. 30 l.. X. A. 1s2. 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
final certificate therefor. even in fa-
vor Of debts OF the partnership.
railroad section hand thrown
from a hand car boy the application OF
the brakes by a brakeman. without
warning. on the signal OF the foreman.
Is held. In Thacker vs.. Chicsgo. !. a
l.. r. Company nndA. - l.. u. A
7si. 10 have no right Of seton against
the railroad company for the resulting
injuries under statute making an
employer liable for injuries caused 10y
the negligence Of a fellow servant who
at the time was acting in The place
and performing the duty Of the en-
pioyer in that behalf.