The Kennewick courier. [volume] (Kennewick, Wash.) 1905-1914, 1905-06-23
JUDICIAL DECISIONS

4 fund which has, under the order
II the court, been deposited with the
clerk Is held, In Dale vs.. Brumbly
CMd). "a L. R A. 112, not to become
subject to attachment by the deter
m1naton OF the one who Is entitled to
receive 1t, and an order Of the court
that it be paid to him.
| The minority of one holding a policy
OF insurance ON a dwelling house 10
held, in Mead VS.. Phoenix Ins. Co.
(Kan.). 81 L. r. A. 70, not to exempt
him from complying with a stipulation
In the policy that no suit or action for
the recovery Of any loss should be
maintainable unless commenced within
twelve months after the fire.
A carrier is held, In Lake Erie & w.
r. Co vs.. Holland Qnd)., 63 L. r. A.
94S. not to be able to absolve itself
from its duty to furnish safe cars by
e1acting contract requiring the ship
per to inspect and select his car, where
the shipper is induced to take the risk
by safe. but false, appearances, while
the carrier knows that the car selected
Is unsafe.
Persons using horses on the highway
In close proximity to gas well, and
who see an agent of the owner at or
near 1t, are held, in Snyder vs. Phila-
delphia Co. CIV. Va-), 60 L. R. A. s96,
to have the right to presume that he
will not open it without warming, or
first looking for travellers on the road,
and not be guilty of contributory neg
ligence In failing to turn away from
1t, or to give warning of their presence.
The right Of bicyclist to hold
town liable for injuries caused by a
defect making a highway unsuitable
Tor ordinary travel Is sustained in Hen
dry VS.. North Hampton On. H.), Ga l.
r. A. 70, under a statute making towns
liable for injuries to any person trav.
cling upon q dangerous embankment
upon highway by reason Of any de-
feet or want of repair Of such embank-
ment or defective ratings, which rem,
ders it unsuitable for travel thereon.
A conductor who elects from train,
a short distance from the station, with.
In the yard limits, and near dwelling
houses, a man who, although appar
emily intoxicated, Is able to walk and
carry on intelligent conversation, IL
held, in Korn vs.. Chesapeake & o. R.
Co. C. O. A. 9th CO., IS L. R. A. s72,
not to be guilty Of negligence, although
he has been Informed at the station
that the man Is not At to travel. where
the latter, when asked for his fare, 70
fuses to pay it. or to tell his destina,
ton.
If the public policy Of the State for
ity by contract, It Is held. In Hughes
vs. Pennsylvania r. Co. Pa., 60 L. r.
A. 613, that the courts Of that State
will not enforce a contract for such
limitation as to property negligently
injured within the State while being
shipped on a through bill Of ladlng into
the State from another, where the con-
tract was made and where It IL valid
The subject Of conflict Of laws as 10
carriers contracts r. discussed In q
note to this case.
A proviso, In a statute dealing with
insurance policies issued In the State,
that every policy containing a refer
ence to the application must have .
correct copy thereof attached to II, 4
held. in Johnston VI. Mutual Life Ina
Go. CLASSY. 63 L. r. A. 833. to have
no bearing on policies issued by for
eign companies in other States, Al
thouBh they were upon lives of persons
domiciled in the State where the stat.
ute was passed. A note to this case
reviews the other authorities on conflict
Of laws as to contracts Of Insurance.