Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-05-23
JUDICIAL DECISIONS.


the cause Of action for their fees in
suits instituted by them is held in
Iompkins VS.. Nashville. G.. & st. L..
Ky. CFenn) 81 l.. X. A. $40. not to de-
prive the plaintiff of the right to dis
miss the suit against their will. or en-
title them to be made parties with
the right to prosecute the action to pro-
tect their own interests.
injuries caused by the widening OF
the canal are held, in Mullen VS.. Lake
Drummond Canal and W. Co. (N. ca.
81 L. X. A. S}3. not to be included in
the original condemnation of the right
OF way for the canal so as to prevent
the subsequent recovery of damages
Tor them. The other cases on. the con-
struction and operation of canals are
collated in an elaborate note to this
case.
The Endorsement by the principal of
check given in part payment of the
purchase price of land is held. in
Thompson VS.. New South Coal Com
pany (Ala.), 62 l.. X. A. sol. not to be
sufficient subscription of the contract
to make it binding on him. where it
! was made by an agent not having suf-
hcient authority to bind the principal.
although the check was attached to
the contract.
A plan by voluntary association Of
merchants engaged in selling prOpre-
tary medicines adopted by manufac-
turers Of them. looking to the mainte-
nance of prices. by which the manu-
facturers should sell at fixed prices,
with rebate only to concerns who
could be relied on to maintain the sell
ing price. is held. in John ID. Park 4
Sons Company VS.. National Wholesale
Druggists Association (N. W, 81 l..
X. A. 632, not to be void as creating a
monopoly or In restraint of trade, or
as against public policy.
That repairs promised by an en-
ployer to be made upon defective
machine the fore part of the follow
ing week" had not been made by
Wednesday is held. in Rice vs.. Eureka
Paper Company (N. W. 60 l.. r. A..
Gil, not to deprive an employee who
complained of the defective condition
of the machine of the benefit of the
rule that an employee who continues
work in reliance on the masters prom
Use to repair does not assume the risk
Of defects during the reasonable time
allowed for making the repairs
A passenger going upon railroad
train is held. in Kansas City. Fort
Scott 4 NJ. r. Company VS.. Little
(kanD 81 l.. r. A. 122, to have a right
to rely upon the representations of a
local ticket agent that such train will
stop at a certain point to which he has
purchased ticket and desires to ride.
and the company is held to be liable if
he is compelled to leave the train be-
fore reaching his destination. because
by the general rules Of the company,
unknown to the passenger. such train
is not scheduled to stop at such sta
ton
An insurer against employers liza
bility. whose contract gives it the right
to defend against suits by employees
against the assured. and which. after
a judgment in excess of the insurance
has been obtained against the assured
agrees to perfect an appeal, is held. in
/ Getchell & Martin l.. and Mfg. Com
pany VS.. Employers Liability Assur-
ance Corporation Iowa,. 81 L.. X. A.
| 617, not to be liable for negligently
falling to do so. whereby the judgment
is affirmed. In the absence of anything
to show that the Judgment WAS errone
GUS and that the plaintiff could not
have succeeded on a second trial. With
this case is note on liability involved
IN the exercise Of the right to control
or carry on litigation in the name Of
! another party.