The Kendrick gazette. [volume] (Kendrick, Idaho) 1892-1968, 1905-06-23
JUDICIAL DECISIONS

A fund which has, under the order
n the court, been deposited with the
clerk u held, In Dale Va Brumbly
(AGd.), "a L. R. 4. 112, not 10 become
subject to attachment by the deter
mination Of the one who = entitled to
receive It, and an order Of the court
HAT it be paid to him.
The minority of one holding policy
VI Insurance ON a dwelling house u
held, in Mead vs.. Phoenix ms. Go.
iKan.). "a Z. R. A. 70, not to exempt
him from complying with stipulation
IN the policy that no suit or action for
the recovery OF any loss should be
maintainable unless commenced within
twelve months after the fire.
A carrier is held, in Lake Erie g. w.
R. Co. vs.. Holland Qnd)., SO l. R. A
94S, not to be able to absolve itself
from its duty to furnish safe cars by
exacting a contract requiring the ship
per to inspect and select his car, where
the shipper is induced to take the risk |
by safe, but false, appearances. while
the carrier knows that the car selected |
Is unsafe. /
Persons using horses on the highway
In close proximity to gas well. and
who see an agent of the owner at OF
near 1t, are held. in Snyder VS.. Phila-
delphia Co. CIV. Va-), 63 L. r. A. S96,
to have the right to presume that he
will not open it without warning, or
| o.. "a r0Qd
and not be guilty of contributory neg
ligence In failing to turn away from
It, or to give warming OF their presence.
The right of a bicyclist to hold a
town liable for injuries caused by
defect making a highway unsuitable
Tor ordinary travel is sustained In Hen
dry VS.. North Hampton IN. H.. "a l.
R. A. 10, under a statute making towns
liable for injuries to any person trav-
cling upon a dangerous embankment
upon a highway by reason Of any de-
feet or want of repair of such embank-
ment or defective ratings, which rem
: ders it unsuitable for travel thereon.
A conductor who elects from train,
4 short distance from the station, with
. In the yard limits, and near dwelling
houses, q man who, although appar-
emily intoxicated, Is able to walk and
carry on intelligent conversation, Ii
,, held, in Korn VS.. Chesapeake & o. R
Go. e. O. A. 9Th o., 63 L. R. A. S12,
!. not to be guilty Of negligence, although
he has been informed at the station
, that the man is not fit to travel, where
= the latter, when asked for his fare, re
. fuses to pay 1t, or to tell his destna
:. ton.
. If the public policy of the State for
bids the limitation OF carriers labu
>" ity by contract, it Is held, in Hughes
vs.. Pennsylvania R. Co. Pa., 63 L. r
y A. 513, that the courts Of that Stat
will not enforce a contract for sucl
- limitation as to property NEGLIGENT,
: injured within the State while beinl
~ shipped on through bill Of lading int
the State from another, where the COZ
~ tract was made and where it is valid
:. The subject Of conflict of laws as
- -, carriers contracts Is discussed in
- note to this case.
10 A proviso, in a statute dealing wit
insurance policies issued in the STATE
- that every policy containing a refel
I ence to the application must have
! correct copy thereof attached to 1t,
- held, in Johnston VS.. Mutual Life In
Co. (Mass.), 63 L. R. A. 1873, to hav
a no bearing on policies issued by TO
70 eign companies in other States, a
20 thoueh they were upon lives of person
H. domiclled in the State where the sta
he ute was passed. A note to this cas-
I'm reviews the other authorities on confi'
Of laws as to contracts of insurance.