Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-04-24
! Important DecisiOnS{
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RS--PASSENGERS.
Plaintiff entered the ferry house OF
the p. & C. Ferry Company, at Phila-
delphia, intending to purchase ferry
ticket of the company. She had at the
time a railroad ticket of the defendant,
which entitled her to transportation
from Philadelphia to Woodbury.. in
Guiding the ferriage from Philadelphia
to Camden. She was injured in the
ferry house at Philadelphia while on
her way to the ticket office of the fer
ry company. She used a ferry ticket to
pay her fare across the river, left tn"
station and went to a point in Camder
on business errand. in pursuance o.
her intention, before the injury was
received. She returned to her home
by the street railway. The railway
ticket was afterwards used by her
husband. She, however, testified at the
trial that she intended to use the rail-
road ticket in order to cross the ferry.
Held, that plaintiff was not a passeng-
err of the railroad company at the time
of the injury and therefore could no.
recover from the railroad company for
the injury. Vandegrift VS.. w. j. r. r.
Co, Att. 1856 IN. -
EXPULSION OF MEMBERS.
Petitioners, as members of society.
published an article charging a major
ity of their fellow members with I'M
just and stupid attacks and low and
vile insinuations against petitioners,
causing them to resign from a celebra-
ton committee. 1t was also alleged
that the new brave committee" wers
inefficient to conduct the contemplated
celebration by reason of illiteracy, etc,
and charged the president with being
more unreasonable still and childish
ly ambitious" bringing to the society
dishonor, and that the petitioners, rep
resenting a minority did not recognize
the celebration Of the majority as a
celebration of the society for the pur-
pose of safeguarding the dignity of it's
members. Petitioners were expelled
from the society and brought this ac-
ton to restore them to membership.
Held, that such article was defarnatory.
and warranted petitioners ex oulsion
from the society under bylaw author
izing such expulsion for defamation OF
the association and further, that sue.
bylaw was within the police power Of
the association and reasonable. Del
Ponte vs.. Societa Italiana, 60 Att. 237
(R. ID,
DEATH TO PASSENGER.
PLAINTIFFS decedent was thrown from
the rear platform Of a street car and
killed, as the car entered and passed
over switch. There was evidence
that the car was going at a good rate
Of speed" but there was no evidence
of negligence on the part Of the de-
PENDANT, or it's employees. In an action
brought for damages, held, that the
mere fact that a passenger on a street
car is injured does not Of itself raise
presumption Of negligence on the part
of the. carrier, and that a verdict for
defendant was proper.
Charles VS.. United Ry.. so Att, 249
(Maryland).
ExTRINSIC INSTRUMENTS.
Deceased bequeathed to his wife
certain sum in trust for the purposes
with the will. A letter not attached to
the WILL sealed and addressed to his
wife, was found with the will in the
same receptacle, in which the fore
going provision was referred to, fol-
lowed by an expression of a desire that
the amount In question should be paid
to B for his personal use, or to distri-
butte according to his judgment among
educational and charitable institutions
Held, that such letter, not being exc
cuted as will, was ineffective as a
part of the will.
Bryan VS.. Bigelow, so Att, 2es
(Conn.)
DEFECTIVE TRACKS.
Plaintiff alighted from defendants
street car on a platform, and was in
jured while crossing it's tracks in going
to her home. No part of the street OPP
posite the platform where plaintiff
walked had ever been used as a street,
except by the railroad company. The
street was in it's natural ungraded and
unused condition. Plaintiff was ia
miliar with all the surroundings, the
condition Of the track, and the danger
of attempting to cross at that place in
the dark, and also knew of another SAT-
er way by which she could have avoid
ed the. obstruction over which she fell.
Held, that plaintiff was guilty OF con-
tributory negligence, as matter of
law Kalberg VS.. Seattle Electric Co.,
70 Pa-c. 1101 (Wash)