Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-10-31
{1mportant Decisions;
CONTRACTS.


CONTRACT
Plaintiff and defendant entered IN :
to written agreement which ProVld-
ed for advancement BY PLAINTIFF OF ag-
rlcdltural supplies and an agricultural
lien on defendants crop to secure them.
The agreement contained q mortgage
ella use providing for the sale of the
crops in case of default in the terms
of the agreement. Default having
been made, plaintiff brought suit. De-
PENDANT claimed that the mortgage
was void as to the crops, because they
were described in print and not writ
ing or typewriting, contrary to the
provisions of the code which provide
that no cnattel mortgage shall be good
OIL valid I'M ASS the property mortgaged
shah be- described In writing or type
writing. but not printing, on the face
Of the 1Gcttsage. Plaintiff contended
that this Ir,ylslon O. Ike code was UNI
constitutional. Held, that said provis-
ion was not unconstitutional and in
violation of the 14th amendment to the
federal constitution a, an unreason-
able restraint Of the liberty Of citizens
to contract. Rose VS.. Harlee, 4S S. e.
$40 $50. Carr.
TRESSPASSERS.
Plaintiff, a lad Is years Of age, and
two other boys about the same age,
secretly boarded defendants passeng-
err train, and stole a ride to Maysv1lle,
Ky, where they disembarked in the
yard of defendant at about IL o'clock
p. M. and sat down on the railroad
track, smoked cigarets and finally fell
asleep AT 12:40 a. M. one OF the de-
PENDANTS freight trains came along,
ran over the sleeping boys, killing his
companion and cutting off PLAINTIFFS
leg and foot. Action was brought to
recover damages. Held that the plain
tiff was a trespasser and defendant
owed him no other duty than to use
reasonable diligence to prevent injur-
ing him, after his peril is discovered,
and that it is not liable for the injury
sustained, insamuch as it appeared that
the employees on the trial swore that
they did not see him. Maysville r. r.
VS.. McCabe, 50 S. w. 233 (Ky.)
LIBEL.
Plaintiff. an author, sued defendants.
publishers OF a newspaper, alleging
that defendants had published three
articles of and concerning plaintiffs
private life, ridiculing him and repre-
senting him as a presumptuous literary
freak. Defendants sought to justify the
articles claiming that they were writ
ten merely in jest. Held, that an arti-
Gle ridiculing q person and tending to
injure him in his business cannot be
justified on the ground that 1T is
lest. Triggs vs. Sun Pr. & Pub. Co.,
II N. e. 729 IN. W
CONTRACTS-BRE
Defendant, by a written meanoran-
dunn, accepted proposals for lease OF
machine for a specific sum and certain
semi annual royalties to be paid dur
ing the existence of the patent, and
agreed after the machine was Installed
to execute license agreement In ac-
cordance with the proposals. The IL
cense gave the Hcensee the privilege, on
the payment Of the royalties due, OF
terminating such payment by return
ing the machine. While 1T was being
installed, the licensee refused to per-
init it to be completed, and directed
it's removal, and failed to sign the
agreement. Held, that he was liable
either for breach of his contract to
enter INTO CUe dSIeeIIleHI eiulcI llIc III
stallation of the machine, or liable on
the theory that the contract was exc
cllted and complete, and broken after
it's execution warth VS.. Liebovitz, II
N. e. 1874 IN. ".
ASSUMPTION OF RISK.
Certain wharves, while private pro-
perty, We're used, before work of re-
pairing the same was begun, by the
public to transact business on the piers
and to some extent while the work was
in progress. The work was in such
condition as to show that the public
use was Interrupted Held one going
thereon and injured, not willfully, but
by the building operations lawfully
conducted, after HE had knowingly
placed himself in a position of obvious
danger, cannot recover for the result
ing damages. Downes vs.. Elunira
Bridge Co., II N. e. TAB IN. ".
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