Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-12-01
ACKNOWLEDGEMENTS
E1mportant Decisions{
CONTRACTS.

tain legislation. by the terms of the
agreement, the plaintiff was to have
10 per cent of what the defendant
saved by the legislation. On suit
brought, the defendant pleaded Illegal
ity of the contract The court held,
that the plaintiff should recover and
that such contracts are closely scru-
tinized by the courts. If they contem-
plate personal solicitation and sinister
influence they will not be enforced
Stroener VS.. Orsdel, 103 N. w. Rep.
1853 (Neb.)
FINDING OF VALUABLES.
The plaintiff. who was employed by
the defendant as laborer in exca-
waiting a site of the building of a
quartzmill on public land, unearthed a
natural pocket of gold, which, against
his will, the defendant claimed and
appropriated AS the plaintiff was
not employed by the defendant to
prospect, but to grade merely, the de-
PENDANT could not bring his claim
within a rule relating to finding by a
servant in the course Of employment
The plaintiff therefore was an original
discoverer and the court held, that the
gold was the property of the plaintiff.
Burns VS.. Schenfeld, 81 Pac. Rep.
713. (Cal)
BOILER EXPLOSION.
Plaintiff brought action to recover
damages for injury to property caused
by an explosion of a boiler on an adj
joining property. Defendant had pur-
chased the boiler from reputable
manufacturer and had 1t insured by
reputable boiler insurance company,
by whose inspectors it was regularly
examined! and that from time to time,
as occasion required, competent boiler
makers were employed to make .neces-
sary repais. There was judgment
against the defendant. The supreme
court reversed the judgment of the
lower court and said: 1--WE are of the
opinion that on a retrial the court be-
low should instruct the Jury that If
they find there was no evidence OF
want of care upon the part of the de-
PENDANT in selecting competent ma
chanics to make repairs, and that II
the evidence shows competent in
spection by competen persons after
wards and before the explosion, then,
even if they should find that the me-
chanics an INSPECTORS did not perform
their duty the defendant is not an
swerable for their neglect. Henderson
VS.. Hays Manufacturing Company, Sc
Atk. Rep. Pa.)
SHADE TREES IN STREET.
Plaintiff, an aLutting owner sued thu
defendant for destroying ornamental
shade trees standing in front of his
premises but on land the fee to which
was in the city. The trees had been
planted by his predecessor In title with
the permission Of the city authorities.
A leakage of gas from the city gas
mains killed the trees, which leakage
the defendant had notice of. Held, that
the plaintiff had in the street right
in the nature of an easement which ex-
tended to all parts of the street which
enlarge and increase the value of the
adjacent lot; that his property rights
in the trees was sufficient to enable
him to maintain this action.
Donohue VS.. Gas Co. 1S1 N. Y. 313
ASSAULT AND BATTERY.
The defendant was defeated in the
lower court in an action for damages
for injuries resulting from an assault
and battery upon him. The defendant
and battery upon him. The defendants
own testimony shows that he caused
criminal complaint to be made out
against himself, and that he pleaded
guilty and paid fine. 1t also shows
that although the plaintiff called him
a liar and struck the fire blow. he,
(the defendant), continued to fight long
after a necessity for self-defense ceas-
ed, and for the purpose OF punishtng
the plaintiff Held, that a verdict should
have been directed for plaintiff, even
though he was the aggressor.
Hetrick VS.. Crouch d. l.. N. Vo. IL
(Mich. Nov. 1909
REMARKS OF ATTORNEYS.
The prosecuting witness were white:
the defendants negroes. The district
attorney in his argument referred to
the prosecuting witness as "a ersole
fellow in blood Objection to the
words being made the district attorney
apologized and asked the jury to dis
regard his slip and asked the court
to charge the jury upon the matter,
which he did. Held that the reference,
is in the nature Of an appeal to race
prejudice, and as such, in view of the
peculiar racial conditions that exist
in this case OF which the court takes
judicial cOSnlZance, Is CdlSuluteQ W uii
duly influence the jury and vitiates the
verdict.
State VS.. E;essa ct al, 80 Southern
Rep. 9S5 Ma.)
LIABILITY OF HUSBAND.
Appellants wife was in due form
committed to the Lacrosse county asy-
lum for the insane. An action was
brought by the trustees of the asylum
TO collect from the husband the ex-
nense of her board and care: Held.
that there was no common law liabil-
ity Of the husband to support the
wife while away from the matrimonial
home without his fault or consent, and
in the absence of a statute the action
could not be maintained.
Richardson ct al vs. Steweser, los
Richardson ct al VS.. Stewsser, lo3
N. w. Rep. 261 (Wis.)
Furious Fighting.
"ror seven years." writes Geo. w.
Hoffman, of Harper, Wash, Il had
bitter battle, with chronic stomach
and liver trouble, hut at last won,
and cured my diseases by the use OF
Electric Bitiers. / unhesitatlngay
recommend them to all, and don't IN
fond in the future to be without them