Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-08-25
ACKNOWLEDGEMENTS
{lmportant Decisions}
NEUTRALITY-SUSPICIOUS.

P1alnIlH brought sui lOI udHiestoSS
and the evidence showed that PLAINTIFF
was 80 years of age; that prior to re-
ceiving the injuries he was stout
able bodied man, earning from Sl.ooO
to $500 a year, and that since he re-
ceived the injuries he had not been
able to earn half as much. He testified
that he received a violent fall which
mashed in his side and bruised his
back and right leg; that he was con-
fined to his room and unable to WORK
for five or six weeks; that his wounds
prevented him from sleeping at night.
physician testified that he found
PLAINTIFFS right side sunken and short
er than the other, the muscles atroph-
led, and that when standing erect his
right shoulder was lower than the left;
that the two lower ribs on that side
were driven in and down, and there
was a tender spot over his spine, ane
also over the two ribs: that from the
plaintiffs statement as to the pain he
suffered there must be an adhesion on
the inside of something torn loose:
that complications might arise which
would necessitate an operation; and
that the injuries were permanent
$4,000 was not excessive.
st. Louis Ry. Co. VS.. Harkey, So S.
w. sos (Tex.)
LEASE-CONSTRU
Plaintiff contracted to let defendants
have the use for five years Of so much
of tract of timber land as they might
clear UP. 1t was provided that the
clearing necessary should be the re-
moval of all timber except trees ex-
ceeding two and half feet in diamet-
err and that plaintiff should have the
option after one year to take back the
lands which had been cleared, on pay
ing defendants certain sum per acre
per annum for each acre they had
cleared Defendants partially cleared
portion of the land, leaving some
trees standing which We're less than
two and half feet in diameter Held
that plaintiff was not entitled to retake
the land under the option without first
rendering the amount to which defen-
dants were entitled for labor perform
ed.
Bunch VS.. Williams, SS S. W., 5SS
(Ark.)
CITY STREETS.
Subsequent to the construction OF
railway track a street was laid out as
public highway across the railway
right of way. The company did not
dedicate the portion Of the right OF
way as part of the street, nor was
it condemned for street purposes, but
the city opened and graded the street
across the right Of way, laid water ana
sewer pipes Hereunder, built side
walks, etc, and made 1t as much a part
of the street as any other portion
thereof. The cost of the Improvements
was paid by the company The public
used 1t for highway for about eight
cen years Held, that the street across
the company's right Of way constituted
a public highway.
st. Louis Ry. VS.. Lindell Ry., SO s.
W., 634 (Mo.)
ACCIDENTS.
Plaintiff was a car and truck repair
err in defendants employ and while re-
pairing a car threw q wrench on the
car which struck a torpedo. injurinE
plaintiff Plaintiff brought suit for
damages. Held, that no evidence OF
negligence could be inferred from the
fact that the torpedo was on the car,
and that verdict was properly directed
for defendant Fuller VS.. Ann Arbor
railroad, IL DIN 34S (Mich.)
RAILROADS.
Plaintiff, child 6Rl years of age,
was playing in street next to side
track of defendant, on which were a
number of cars. In some manner she
got upon the tracks and was injured.
Held, that railroad company is under
no obligation to station an employe on
side track to keep trespassers from
its tracks, and is not bound to fence
it's yard. Katzinsh VS.. Grand Trunk
Railway, - DIN 356 (MichO