Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1905-03-18
Recent Legal Decisions.

Recent Lsgal Decisions.
Several members of municipal legis-
latiye body, who join in making cer-
rupt agreement to vote for Il measure
which is to come before them, in con-
sideration of promise to place a sum
of money at their disposal, are held, in
State versus Lehman (AI0.l 6G l.. Il. ~.
400, to be properly joined in one indict-
ment for bribery.
In granting an easement across his
premises for the purpose of public
highway, the owner Of property is held,
in l.. Realty Co. versus johnson (Minn.)
66 l.. K. \. \. 439, not TO surrender to
the public his right to foster and pro
tect wild game on the land, and the pub
lie Is held to have no right to pursue and
kill the game while temporarily passing
10 and fro across the highway.
y conveyance by an insolvent of prac-
tically all his property to his wife in
trust, to manage aud pay such of his
debts as may seem judicious to her and
at his decease to distribute the estate as
he shall appoint, and. in the absence of
appointment, among his heirs mt law, is
held. i'll Matthews versus Thompson
(Aass) 66 l.. Il. \. 421, to be void as
against his creditors.
That The primary purpose Of branch
track to a stone quarry is the accom-
nodatipn Of the owner Of the quarry ISL
held. in Timer VS.. Lime Rock II. Co.
(AIe,1 66 l.. II. A. 3S7, not to prevent
the. exercise of the right of eminent do
main for the acquisition of Il right of
way If the track is in fact intended for
the use of the public. which viii be en-
titled TO its use whenever the necessity
therefor arises.
The intentional kicking. without Just
cause or excuse, by street car con-
ductor. of a boy who was attempting to
board the car to become a passenger is
held. in Mcnamara vs.. st. Louis Tran
sit Co. (Alol G6 l.. Il. /. 1856, to justify
an award of exemplary damages against
The street car company. although the
conductor honestly believed that the boy
was attempting to steal ride.
The liability of a landlord for injury
to tenant because of defects i'll the
construction of the building on the
| leased premises, of which he had no
knowledge, aud which were so hidden
| them without undoing IL portion of the
| construction work. is denied in Whitley
versus Mclaughlin (Mo.l &C l.. X. y.
4S1.
The right of an employee to recover
damages of Il railroad company for an
injury proXimately caused by his viola
tion of a penal statute or municipal
ordnance is denied in Little versus
Southern Railway company (Ga.l sc
l.. Il. \. 800. even though the employer
may have directed the employee to violate
the law. or may have sanctioned the CON
tlnuance of custom amounting TO Il
cuntraventon of the law,
\ distribution of prizes To those who
shall make the closest estimate of the
number of cigars in box on which IA
tax Is paid during Il specified month is
held in People OK rel. Ellison versus
LAWN n, ~ 66 J.. Il. \. 601. To be
made by chance. within the meaning of
= statute defining lottery ms a scheme
for the distribution of property by
chance 10 persons who have paid or
agreed TO pay a valuable consideration
for the chance
The injury inflicted upon street car
passenger through mental suffering. hui
initiation. wounded pride and disgrace
because of the act of the conductor in
calling her deadbeat when She asked
tor The proper change for money she
had rendered in payment of fare is held.
in Gillespie vs.. Brooklyn Heights X. Co.
N. ~ Sc L. Il. \. GlS, to lie properly
considered in assessing the damages for
breach or the carriers contract To re-
turn the proper change for money ten
dtred.