Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-12-21
) Important Decisions ]

MUNICIPAL CORPORATIONS
A city ordinance provided that the
pay Of policemen should be at the rate
of specified sum per day while ac-
tually employed, and in an action
against the city for salary as a police-
man, plaintiff testified that he was to
receive such sum day when working.
1t appeared that plaintiff had been re-
moved without charges or hearing as
required by law, whereupon he per-
manently removed from the city. and
at no time demanded payment OF any
salary and that he took no steps to
secure reinstatement. Held, that the
plaintiff had abandoned the office and
waived all claim against the city.
Gibbs VS.. Manchester, 81 Atl 128
IN. HI
MUNICIPAL CORPORATIONS.
The city of New London passed an
ordinance prohibiting any person from
placing any sign projecting over any
street or sidewalk at a height less than
eight feet above the same, and unless
1t be attached and parallel to the build
ing, and project not more than fhree
feet therefrom, the violation OF which
was made a misdemeanor and punish
able by fine Of not less than five nor
more than $40. Defendant was con-
victed of violating the ordinance and
appealed. Held, that the ordinance
was not subject to any constitutional
objection nor was 1t so uncertain OF
oppressive as to be void.
State VS.. Wightman, 81 Att. 81
(Conn.)
STREET RAILWAYS.
Plaintiff and companion walked
along the track Of the defendant, street
railway company. Plaintiff did NOS I
look to see II any car was approaching
nor did he hear a car approach. but aiiE
companion called his attention to the
fact that a car was approaching.
Plaintiff attempted to get on the track
but was struck by the car and was tn- Z
jured. His companion succeeded In 8
getting off the track dn time to avoid
being injured without walking fast.
Plaintiff brought action for damageA
Held, plaintiff was guilty Of ccntribu. i
tory negligence as matter OF law
precluding a recovery.
Garvick VS.. United Railways, 81
Att. 1873 (Md.)
PERSONAL INJURIES.
In an action for injuries, the evidence
showed that plaintiff was q locomotive
fireman, SO years OF age, earning prior s
to his injuries $50 to $S5 per month.
BY the accident both legs were crushed
so that the right leg had to be ampu-
tated below the knee, and the right hip
was also injured. The collar bone and
shoulder blade were also broken, but
they, with the left leg, healed. The
side and head were also injured. Plain
tiff was confined to the hospital for ten
weeks and was unable to be out for
seven months. He expended 5000 for
medical treatment and $3.50 for an arti-
fetal leg, with which he walked With
out crutches or cane. He was not on-
tirely disabled and had earned q few Z
hundred dollars since the accident.
Held, that a verdict for $4,000 should
be scaled to $4,000.
Kicker VS.. Cent. r. Co., 81 Att. So IN.
~
CONSTITUTIONAL Law.
Defendant was indicted for misde.
meanor in that he used live pigeon
for the purpose Of q target, to be shot
at for amusement and as test Of
skill In Workmanship, contrary to the
terms Of the statute. The proof show.
ed that the defendant shot at live
pigeon, thrown from q trap as tar.
get, and for amusement The bird was
instantly killed At the trial the shoot
ing was not denied, but the defendant's
defense was that the place Of shooting
was upon the private grounds Of q GER
tain Gun Club and at pigeon the
property of defendant, and that any
law which made 1t an offense for an
owner Of pigeon to thus kill his own 6
property was unconstitutional. Held,
that the act was constitutional. ana
that the legislature under the police
power might prescribe how animals
may be killed by their owners.
State VS.. Davis, 81 Att. q IN. y